(1.) SINCE both these appeals arise out of Claim Case No. 49/2003 in which award dated 26.02.2004 has been passed by the 1st Addl. Motor Accidents Claims Tribunal, Ambikapur, District Sarguja, they are being disposed of by this common order. M.A.No.473/2004 has been filed by the claimants for enhancement of the quantum whereas M.A. No. 694/2004 has been filed by possession holder of the vehicle against fastening 1/3rd part of liability upon him as also quantum fixed by the tribunal.
(2.) IN M.A.No.694/2004, cross appeal has been filed by the Insurance Company with the delay of 2083 days. Therefore, I.A.No.2, an application for condonation of delay has been filed. Since the liability and quantum were challenged in the cross appeal, the said application is allowed and delay in filing the cross objections is condoned.
(3.) LEARNED Claims Tribunal had held that the Tractor-Trolley was involved in the accident in which deceased died; there was no breach of policy conditions; the driver was holding valid and effective driving license to drive the Tractor-Trolley and contributory negligence was not proved. Having thus held, it has awarded a total compensation of Rs.10 lakhs which the claimants are entitled to receive from non-applicants 1 to 3 jointly and severally and exonerated non-applicants 4 to 8, who were the registered owners of the tractor-Trolley. The Tribunal has imposed 1/3rd liability upon non-applicant No.1 Vijay Kumar (appellant in M.A. No.694/2004), so called purchaser of the Tractor-Trolley and the remaining 2/3rd liability upon the insurance company as well as driver Budhiyar Sai.