P.C.JAIN, J. - (1.) BY the judgment and award dated 31.5.1993, the learned Motor Accidents Claims Tribunal, Pratapgarh (for short 'the Tribunal') has awarded a claim of Rs. 65,000/ - in favour of the claimant -respondent Nos. 1 and 2 and directed the appellant to pay the aforesaid amount of award to the claimants within a period of two months from the date of the award, failing which, the above amount of compensation shall carry simple interest at the rate of 12 per cent per annum from the date of the above award.
(2.) THE claimant -respondent Nos. 1 and 2 alleged that Bapu alias Balwantsingh was sitting on the tractor No. RJH 7590 belonging to the appellant along with its driver respondent No. 3 Babulal. There was a trolley attached to the tractor. It is alleged that on account of the rash and negligent driving of the tractor by the driver, Bapu fell down from the tractor and was run over by the tractor and trolley, as a result of which, he sustained multiple injuries and ultimately succumbed to the injuries on the spot. The appellant and the respondent No. 3 both contested the claim petition by denying the allegation that the tractor was being driven by the respondent No. 3 rashly and negligently. It was alleged that Bapu despite the objection managed to board the tractor and sat by the side of the driver. He was weak and infirm and, therefore, he could not hold his balance and fell down. There was no fault of the driver resulting in the above accident. The above vehicle was insured with respondent insurance company and the respondent insurance company denied the claim on the ground that the insurance company did not owe any liability in respect of an act like the present one where the factum was of unauthorisedly allowing a passenger to sit by the side of the driver.
(3.) ON the pleadings of the parties, the learned Tribunal framed three issues. Issue No. 1 was with regard to the negligent act of driving the tractor by the driver respondent No. 3 and issue No. 2 related to the award of compensation in the facts and circumstances of the case. Issue No. 3 related to the relief.;