JUDGMENT - B.B. VAGYANI, J.:---Heard.

2. This first appeal filed by owner of the vehicle (original opponent No. 1 in Motor Accident Claims Petition No. 53 of 1987) is directed against the order dated 9-2-1990 passed by the Member, Motor Accident Claims Tribunal, Ahmednagar.

3. In brief, the facts giving rise to this first appeal are as under :

The accident occurred on 20-8-1986 at about 8.30 p.m. on Kopargaon-Lasalgaon road within the local limits of village Sawali Vihir near Jamdade Vasti. The injured minor girl Miss Pramila was, at the relevant time, in the bullock cart which was driven by Shankar Karbhari. The tractor owned by the appellant came from behind. At the material time, the respondent No. 2 (original opponent No. 2) was driving the tractor. The driver of the tractor drove the vehicle in a rash and negligent manner. He drove the vehicle in high speed. Because of rash and negligent driving, the tractor gave dash to the bullock cart from behind. Because of sudden impact, minor girl Pramila, aged 12 years, was thrown out of the bullock cart and banged on the surface of the ground. Because of accident, Pramila sustained fracture injuries to left humerus bone, left femur an

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