TULSI DEVI CHOUDHARY Vs. MANGI BAI AND ORS.

JUDGEMENT

(1.) This appeal has been filed by the appellant being aggrieved with the judgment and award dated 29.1.2004 passed by the Motor Accident Claims Tribunal, Chittorgarh whereby the learned Tribunal has directed the appellant and the respondent No.4 to pay compensation of Rs.2,07,000/- along with interest at the rate of 9% per annum to the respondent-claimants No.1 to 3.

(2.) The respondent-claimants No.1 to 3 filed a claim petition against the appellant and the respondents No.4 and 5 while alleging that on 14.2.1999, deceased Ratan Lal was travelling from Kankarwa to Bhupalsagar on a tractor bearing No.RJH 6081 and trolly No.RJH 6082 which was being driven by its driver Santosh Nath rashly and negligently and due to rash and negligent driving, the wheel of the tractor went into a pit of pavement and it lost balance and fell into a chasm (gorge) and turned turtle, under which the deceased was crushed and succumed to the injuries instantaneously. It was claimed that the accident took place due to rash and negligent act of driver Santosh Nath, who was under employment of appellant Tulsi Devi, owner of the tractor.

(3.) Though initially the insurance company was arrayed as party respondent in the claim petition, however, the insurance company denied the fact that the tractor, involved in the accident, was insured with it and, therefore, the respondent-claimants withdrew their claim against the respondent No.5 Insurance Company and the name of the insurance company was deleted from array of respondent by the tribunal vide order dated 12.8.2002. On the basis of the pleadings of the parties, the tribunal framed as many as five issues and, after pondering over the evidence produced on behalf of respondentclaimants No.1 to 3 and the appellant, decided the issues No.1, 3 and 4 in favour of respondent-claimants and against the appellant.