DINESH Vs. RAMAVTAR GURJAR & ORS

JUDGEMENT

(1.) Heard finally with the consent of the parties.

(2.) Instant civil misc. appeal has been filed by the claimant/appellant under Section 173 of the Motor Vehicles Act for enhancement of the impugned award dated 7.4.2006 passed by the Motor Accident Claims Tribunal, Dausa, in claim case No.300/2002, whereby the Tribunal has partially allowed the claim petition filed by the claimant/appellant and granted a total sum of Rs. 60,000/- as compensation in favour of the claimant/appellant.

(3.) The brief facts, as emerging on the face of record, are that the unfortunate incident happened when a young boy aged 21/2 years on 21.6.2002 at about 6 P.M. put his hand in the fan of engine of the Tractor bearing No. R.J. 29 R 3236, which was left in start position by tractor driver Ramavtar as a result of which the claimant got serious injuries on his right hand and the accident took place due to negligence of the driver of the said tractor. During the course of treatment the thumb and the index finger of the claimant was amputated. It was alleged that it was on account of the negligence of the driver of the said tractor, who went away keeping the tractor in start position and not realising that he should not have left the tractor in a running position.