RAM NARAIN & ANR Vs. HURJI & ORS

JUDGEMENT

(1.) Appellants-non-petitioners driver and owner have preferred this appeal against the impugned judgment/award dated 24.08.2013 passed by learned Motor Accidents Claims Tribunal, Pratapgarh in Motor Accident Claim Case No.169/2009 titled as Hurji & Anr. Vs. Sita Ran & Ors. whereby learned Tribunal exenorated the Insurance Company from any liability and fastened the liability against the appellants i.e. driver and owner of the tractor and awarded Rs.3,81,896/- as compensation in favour of respondents-claimants.

(2.) The brief facts of the case are that respondents-claimants filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 stating therein inter alia that on 28.04.2009, deceased Bhanwar Lal and some other persons namely Shiv Lal, Prem Lal and Sanjay went to village Jhansdi with their band in a marriage ceremony. At 4:00 PM while they were returning from marriage ceremony by Tractor No.RJ-35-RA-0027, which was being driven by appellant-Sita Ram in rash and negligent manner, the driver of the tractor drove the tractor in the west side of the village where the trolley of the band came in contact of high tension electricity line (11,000 KV) and Bhanwar Lal, who was sitting in the trolley, died on the spot due to electric shock.

(3.) Appellants-non-claimants, in their reply, stated that accident occurred due to carelessness of Electricity Department and Uda Ram who invited band party in village Jhansdi for the marriage ceremony. Hence, they are liable for compensation but both were not arrayed as party respondent in the claim petition. It was further stated that the tractor was insured with Insurance Company, therefore, Insurance Company is also liable for the claim amount.