SHRI GOUTAM BHADURI,J. - (1.) Heard. This is an appeal against the award dated 29/08/2007 passed in Claim Case No. 32/2007 by the Court of 9th Additional Motor Accident Claims Tribunal (F.T.C.), Raipur.
(2.) Briefly stated facts are that a petition was filed by the sons of the deceased on the averments that on 03.10.2006, a Tractor bearing No. C.G.04/D-0982 and Trolley No. C.G.04/D-0983 was driven in rash and negligent manner whereby the mother of the claimants namely Kalindri Sen fell down from the Tractor and Trolley; consequently, she sustained injuries and thereafter she succumbed to the injuries. It was stated that at the time of accident, the vehicle was driven by Mehattar, the original Non-applicant No. 1 and was owned by Yaman Singh Baghel, the original Non-applicant No. 2. It was further stated that at the time of accident, the deceased was aged about 55 years and was a labour and on the different heads, an amount of Rs. 4,10,000/- was claimed.
(3.) The Non-applicant No. 1 and 2, Driver and Owner of the vehicle, denied the averments of the claim petition and stated that the claimants are entitled to any compensation whereas the Non-applicant No. 3, Insurance Company, contended that the Tractor and Trolley was insured for the agricultural purpose and if the accident had happened other than for agricultural purpose, the Insurance Company cannot be held liable to make good the amount. It was also stated that at the time of accident, the Driver of the Tractor was having valid license and since the deceased was travelling in the Tractor she herself was liable for the accident.;