1995 (6) TMI 198

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....nd who at the relevant time going on her Kinetic Honda Scooter from Sector 35 to the School, was struck, by a tractor from behind. In the accident Smt. Jasbir Kaur sustained injuries and died. Her heirs (respondents 1 to 3) filed a claim petition for award of ₹ 20,00,000/- by way of compensation. The owner and the driver of the tractor contested the claim, on the ground that the deceased was guilty of negligent driving and her two-wheeler had struck at the back side on the trolley. The insurance company contested the claim on the ground that Sant Singh was not owner of the vehicle and Nachatar Singh was not qualified to be a driver of the vehicle. 3. The Tribunal held that the accident did take place due to rash and negligent driving....

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.... 2(28) "Motor Vehicle" or "vehicle" means any mechanically propelled vehicle adapted for use upon roads whether the power of propulsion is transmitted thereto from an external or internal source and includes a chassis to which a body has not been attached and a trailer; but does not include a vehicle running upon fixed rails or a vehicle of a special type adapted for use only in a factory or in any other enclosed premises or a vehicle having less than four wheels fitted with engine capacity of not exceeding thirty-five cubic centimeters; 2(39) "semi-trailer" means a trailer drawn by a motor vehicle and so constructed that a part of it. is super-imposed on, and a part of its weight is borne by, the drawing veh....