MADHO SINGH Vs. VINOD KUMAR AND ORS.

JUDGEMENT

(1.) The instant appeal has been preferred by the appellant Madho Singh against the judgment dated 23.10.1999 passed by the learned Motor Accident Claims Tribunal, Sirohi in M.A.C. No. 131/1993 whereby the claim application filed by the appellant for the damage caused to his tractor bearing registration No. RRQ 9364 in a road accident, was rejected with the cost of 1000/-.

(2.) Facts in brief are that the claimant filed the claim application before the learned Tribunal under Section 166 of the Motor Vehicles Act. As per the facts set out in the application, on 10.4.1993 the appellant's tractor bearing registration No. RRQ 9364 being driven by his driver Kundan Singh was proceeding from Sirohi to Ambeshwar Temple. It is alleged that a jeep bearing registration No. RJ 30.C.0048 being driven in a rash and negligent fashion by its driver Joonamchand, came from the opposite direction and collided with the tractor causing extensive damage to the tractor. The jeep was in ownership and control of Vinod Kumar at the time of the accident. Devi Lal the non-claimant No. 2 was the original owner thereof and the same was insured with the respondent No. 3. The United India Insurance Company Limited.

(3.) The non-claimants No. 1 and 2 i.e. the owners of the jeep in question did lot appear before the Tribunal despite service of summons. The respondent No. 3 Insurance Company filed a written statement to the claim application alleging [hat the accident occurred because of the rash and negligent driving by the driver if the appellant's tractor. It was specifically pleaded that the Police filed a charge-sheet against Kundan Singh the appellant's driver after investigation of the F.I.R. registered in relation to the accident. It was also submitted that the jeep driver was not having a valid driving licence on the date of the accident and that the maximum liability of the Insurance Company was to the extent of 6,000/- in terms of the insurance policy.