- (1.) This first appeal has been preferred by the legal representatives of Sheo Nath, who was defendant in the suit filed by respondent plaintiff under the provisions of Fatal Accident Act, 1855, against the order dated 31.3.2000 passed by Addl. District Judge Bandikui in civil suit No.4/98, whereby the decree for Rs. 90,000/- was passed against the appellants.
(2.) A claim application was filed under the provisions of Motor Vehicles Act, 1939 before the Motor Accident Claims Tribunal, Jaipur on 17.4.85, mentioning the fact that on 17.10.1984 the defendant requested the injured Sheo Nath to help him in the work of thresher, belonging to Har Sahai, for extracting grain of Bajra. When the injured Sheonath was doing the work of putting the material in thresher, which tresher was not in motion at the time, the defendant without any warning pushed the starter of thresher with the result right hand of Sheonath was crushed and severed upto elbow. The injured was admitted in SMS Hospital, Jaipur. The FIR for the offence under Section 338, 337 and 279 Indian Penal Code was also registered. The claimants had claimed the compensation on the ground that because of carelessness of the defendant, the hand of the injured had been severed upto elbow. He had become disabled. The total amount Rs. one lac was claimed. Lateron the appellant had filed the present suit as the MACT had no jurisdiction to adjudicate the dispute.
(3.) The following issues were framed: 1. Whether because of negligence of defendant on 17.10.84 the hand of the injured has been severed? 2. Whether the injured is entitled to recover an amount Rs. one lac as compensation from the defendant? ;