NATIONAL INSURANCE CO LTD Vs. SARVANLAL

JUDGEMENT

(1.) THE appellant/insurer has assailed the award dated 25 -11 -2003 passed by Motor Accident Claims Tribunal, Balaghat, in Claim Case No. 62/2002, wherein an amount of Rs. 1,80,000/ - is awarded to the respondent/claimant Nos. 1 and 2, for death of their son Vijay Kumar, aged 18 years.

(2.) ACCORDING to the claimant/respondent Nos. 1 and 2, on 29 -4 -2002 when deceased Vijay Kumar was working under the employment of non -applicant No. 2, the owner of Tractor No. MP -20 -B/6420, as a loader (Hammal), on aforesaid Tractor, he got crushed under the wheel of the Tractor, when non -applicant No. 1 Manohar, drove the Tractor rashly and negligently at Balaghat -Baihar Road, near railway crossing and Vijay Kumar, who was sitting in the Tractor, along with other loaders fell to the ground and thus came under the wheel.

(3.) THE appellant/insurer has assailed the award on the grounds that the deceased was not sitting in the trolley but was sitting on tractor whereas only one person, i.e., the driver was permitted to occupy the seat on tractor, that at the time of accident, the trolley was loaded with dowry goods and the deceased was travelling on tractor as a 'Barati'.