ASHOK KUMAR,J. - (1.) The present appeal has been filed under section 173 of the Motor Vehicles Act, 1988, by the owner of the tractor bearing No. U.P. 84-V-8578 and the driver of the aforesaid tractor.
(2.) Vide judgment and award dated 19.01.2017 passed by the M.A.C.T./Special Judge (E.C. Act), Mainpuri in M.A.C.P. No. 98 of 2013 (Gajraj Singh and Others v. Ram Bharose and Another) the Trial Court has awarded a sum of Rs. 3,64,000/- against the appellant along with interest @ 8% per anum.
(3.) The brief facts of the case are that on 08.02.2013 at about 8.00 p.m. when Mahendra Singh Alias Shamsher Singh (the deceased) was travelling in a Tempo No. U.P. 83-T-2209 along with Rakesh Kumar S/o Sri Ramveer Singh and Rahul S/o Sri Ram Autar Singh, the said tempo was moving towards Barnahal Dihuli Road and it reached near Village-Ekhara, a tractor was coming from other side, by negligently driving, collided with the Tempo and on account of the said collision the deceased Mahendra Singh Alias Shamsher Singh received serious injuries as the cultivator attached with the tractor dashed the stomach of the deceased.;