- (1.) THIS appeal under Section 173 of the Motor Vehicles Act, 1988 ('the Act') has been filed by the claimants aggrieved by the judgment and award dated 10.11.2000 passed by the Judge, Motor Accidents Claims Tribunal, Sirohi ('the Tribunal'), whereby the application for compensation ('application') filed by them was dismissed by the Tribunal.
(2.) THE brief facts of the case are that the appellants- claimants, who are wife and children of Ganeshaji Ji @ Ganesh Ram filed application before the Tribunal inter-alia with the averments that on 21.4.1995 when in the agriculture field owned by said Ganeshaji, a thresher, which was propelled by the tractor bearing No.RJ-24-R-0175 was in the process of chaffing wheat and the said Ganeshaji was involved in the process of chaffing through thresher, when suddenly driver of the tractor Laxman accelerated the speed of the tractor, which resulted in the thresher also suddenly gaining speed and sucking the hand of Ganeshaji whose hand was entangled in the said thresher, which was cut into pieces and he also sustained injuries on his face, neck etc. The accident occurred on account of rash and negligence act of Laxman, the driver of the tractor. Ganeshaji was immediately taken to the hospital at Sirohi, but despite treatment he succumbed to the grievous injuries suffered by him in the said accident. In the application it was claimed that Ganeshaji was healthy person of 35 years of age and he used to earned Rs.3,500/- per month by working as Carpenter and Mason in addition to undertaking agricultural operations. Under various heads a sum of Rs.16,76,000/- were claimed from Laxman, the driver of the tractor; Hazarimal, the owner and the New India Assurance Company Limited, the insurer of the said tractor.
(3.) A reply to the claim petition was filed by the driver and owner and the averments made in the application were denied. It was inter-alia stated that thresher belonged to the deceased and the accident occurred on account of negligence of the deceased. In additional pleas, it was stated that thresher is not a part of a tractor and the tractor was not in motion and therefore, the respondents were not liable for payment of compensation. It was also claimed that the accident did not take place at 'public place' and was a private place belonging to the deceased. It was prayed that the application be dismissed.;