ORIENTAL INSURANCE COMPANY Vs. RAMBHAU VITHOBA CHAWARE

JUDGEMENT

(1.) This first appeal is preferred by original N.A. No. 2 - the Insur-ance Company.

(2.) The facts giving rise to the appeal are as follows respondent No. 5 is the owner of Tractor No. MHR 4936 and Trolly No. MH 30/9660. It is alleged that the said Tractor was being used on the site of a dam under construction. The son of the claimants by name Eknath was working on the said Trac-tor. It is alleged that the said Tractor on its way turned turtle and a boy came under the said truck and died. Claimants No. 1 to 4, there-fore, claimed compensation of Rs. 1,32,000/. According to the claimants, the said vehicle was insured with appellant/N.A. No. 2.

(3.) The application was opposed by re-spondent No. 5. He admitted his ownership of Tractor No. MHR 4936 and Trolly No. MH 30/9660. He, however, denied that the acci-dent had taken place due to the negligent driving. He also contended that the said Trac-tor and Trolly were insured with the appel-lant/Insurance Company and therefore, the compensation should be recovered from the appellant.