SUVARNA Vs. MURTUJSAB

JUDGEMENT

(1.) This appeal is filed by the claimants in M.V.C. No. 25 of 2005 on the file of the Member, M.A.C.T. II, Bagalkot, being aggrieved by the judgment and award dated 17.11.2006, seeking for enhancement of compensation awarded by the Tribunal and also being aggrieved by the finding that the insurance company is not liable to pay the compensation and compensation awarded shall be paid by the owner, respondent No. 1. The material facts leading up to this appeal are as follows:

(2.) The claim petition was resisted by respondents averring that Rajendra died due to his own negligence and there was no negligence on the part of the driver of the tractor and trailer as contended by the owner, respondent No. 1 and the insurance company, respondent No. 2, contended that the driver of the tractor was not holding a valid driving licence and the second trailer was not insured and, therefore, it is not liable to pay compensation.

(3.) The Tribunal held an inquiry and framed the following issues: