RAKESH Vs. SARBATI

JUDGEMENT

(1.) THE appeal u/s. 173 of the Motor Vehicles Act is directed against the Award dated 7. 10. 1994 passed by the learned Motor Accidents' Claims Tribunal, Sri Ganganagar whereby the learned Tribunal has awarded a sum of Rs. 1,54,000/- to the respondent-claimants. THE learned Tribunal has further awarded interest at the rate of 12% per annum from 5. 3. 1990 till the date of recovery.

(2.) THE brief facts relevant for the disposal of this appeal briefly stated are that on 8. 12. 1989, deceased Shankerlal was travelling in Tractor No. RRK 1468, which was being driven by appellant No. 1 Rakesh. It is alleged that the appellant No. 1 Rakesh drove the above vehicle very rashly and negligently, as a result of which, Shankerlal fell down from the Tractor and was run over by its front wheel.

(3.) THE learned Tribunal held that there were no eye-witnesses, and, therefore, it was not possible for the claimants to lead direct evidence regarding the above accident in which Shankerlal was crushed to death by rash and negligent act of appellant No. 1 in driving the above Tractor. THE learned Tribunal then referred to the evidence produced in the case and particularly the circumstances available on record and concluded that from the preponderance of the evidence, it was proved that the death of Shankerlal was caused by appellant No. 1, which resulted on account of driving the above tractor rashly and negligently as Shankerlal fell down and was run over by the wheel of the Tractor.