SAYAR Vs. PREMA KATHAT

JUDGEMENT

(1.) The instant civil misc. appeal has been filed by the claimant-appellants against the order/award dated 6/10/2006 with the prayer to allow the appeal and modify the impugned award passed in claim case No.441/2005 by the Tribunal to the tune of claim made in the claim petition.

(2.) A claim petition came to be filed before the Motor Accident Claim Tribunal(Addl. District & Sessions Judge, Beawar) on 19.10.2004, which was transferred in compliance of the High Court's order dated 1.6.2005 to Motor Accident Claim Tribunal(Addl. District & Sessions Judge (Fast Track) No.2, Beawar).

(3.) The brief facts as emerging on the face of record are that on 16.9.2004 when deceased Shivraj was bringing sand in the capacity of labourer in a tractor bearing No.RJ-01-R-5879 and near village Moja Radhpura at Kali Danti, the non-petitioner No.1 driver of the tractor suddenly applied the brakes of the tractor and on account of that the deceased fell down under the wheel of the tractor and died. The report of the accident was made at Police Station, Masuda upon which an FIR was registered bearing No.149/2004 against non-petitioner No.1.