- (1.) THIS appeal has been preferred by the claimant whose claim was partly allowed by the Motor Accident Claims Tribunal, Jind vide, its award dated 29.11.1994.
(2.) BASAU , a 17 years old lad was engaged along with his uncle Ratna by the respondents for threshing the paddy crop. The wheat stakes were collected on the shamlat land of village Dabri. The appellant had pleaded that a part of the thresher where the stakes were put, was in a broken condition from one end and was not properly welded and the patnala of the thresher broke and the left leg of the appellant was trapped in the thresher and he sustained injuries. It was pleaded that the respondents were negligent as they had failed to get the patnala repaired. The appellant had pleaded that he had sustained disability and amputation of the left leg and was entitled to compensation.
(3.) THE respondents in the joint written statement pleaded that none of the respondents were driving the tractor. Respondent no.1 had gone to his house. Respondent no.2 was sitting on a cot at some distance near the place of occurrence. It was pleaded that the claimant had concocted a false story and the true fact was that the claimant found the speed of thresher slow and in an attempt to increase the speed, he put his leg on the patnala of the machine and leaned towards the tractor and as the stakes were wet and slippery, the claimant slipped and the left leg was injured and the accident occurred on account of his own negligence. The Tribunal, after assessing the evidence observed that claimant had failed to lead evidence to show that the accident had occurred on account of negligence of the respondents but as the accident had been admitted and the accident occurred out of use of the motor vehicle, therefore, respondent no.2 was liable to pay compensation under Section 140 of the Motor Vehicle Act, 1988 (herein after referred to as an Act only) and awarded a sum of Rs.12,000/ - in terms of Section 140(2) of the Act.;