KAMLA GUPTA Vs. VIJAY KUMAR AGRAWAL

JUDGEMENT

(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.

(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.) Brief facts of the case, as per the version of the claimants, are that on 27.12.2002 deceased Pradeep Kumar Gupta (a Govt. Servant) was going to Pathalgaon from Sitapur by motorcycle bearing Regn. No. CG. 15-C/1393 along-with his friend Majhar Husain. On the way, one Tractor bearing Regn. No. 27-B/5034 & Trolley No. 27-B/5035 which was being driven by non-applicant no. 2 Budhiyar Sai Gond in a rash and negligent manner dashed the motorcycle from back side and Pradeep Gupta fell down and the wheel of the Tractor ran over him, as a result of which the deceased died.