SATYA DEVI Vs. BAKSHI RAM

JUDGEMENT

(1.) -Claimant has come in appeal against award dated 14.3.2005, passed by Motor Accidents Claims TribuHamirpur in M.A.C. Petition No. 80 of 2002, dismissing the claim petition of the appellant.

(2.) THE facts in brief are that appellant had filed petition claiming Rs. 5,00,000 compensation on account of death of her son Uttam Chand alias Tinku on 3.9.2000, involving the tractor No. HP 22-9120. On 3.9.2000, the deceased was driving tractor No. HP 22-9120 with trolley. THE tractor crossed the bus stop at village Sulghan, a truck came from opposite and wrong side which forced the deceased to take the tractor on extreme left and apply brakes with the result the tractor turned turtle and deceased came under the trolley and died on the spot. THE deceased was earning Rs. 5,000 per month. THE respondent Nos. 1 and 2 were the owners and respondent No. 3 insurer of the tractor at the relevant time. THE deceased was aged 22 years at the time of accident and death. On those facts the appellant filed the claim petition. THE appellant filed an application under Order 6, rule 17 read with Order 1, rule 10, Civil Procedure Code for converting the petition under section 166 of the Motor Vehicles Act, 1988 (for short 'the Act')to petition under section 163-A of the Act and deletion of respondent No. 3 as party to the petition. THE Tribunal on 5.3.2004 allowed the amendment and permitted the petitioner to convert the petition under section 163-A of the Act. THE name of respondent No. 3 was not deleted rather a direction was given to file fresh memo of parties showing the name of respondent No. 3.

(3.) ON the pleadings of the parties, the following issues were framed by the Tribunal: