JAGDISH CHAND RANA Vs. SITA RAM

JUDGEMENT

(1.) The appellant is the owner, who has been fastened with the liability to pay compensation by the learned Motor Accident Claims Tribunal, Fast Track Court, Kangra at Dharamshala and aggrieved thereby has filed the instant appeal.

(2.) Facts of the case, in brief, are that deceased Vijay Kumar was a labourer and on 5.2.2003 while he was travelling in the trolley of the tractor bearing registration No. HP-40-3948, owned by the appellant being driven by respondent No.3, had gone to Panapar to load Bajari and when it reached about 800 yards up from Lower Parour near Railway Station, it turned turtle on account of rash and negligent driving by respondent No.2. As a result whereof, Vijay Kumar died on the spot. It was on account of death that the claimants sought compensation of Rs. 5 lakhs.

(3.) The owner and driver contested the petition by filing the reply wherein it was averred that the accident in question took place on account of fall of the Dunga whereas there was no fault on the part of the Driver.