RAMU MHASU SHIRSATH Vs. NAJMA NURKHA SHAIKH

JUDGEMENT

(1.) These are appeals filed by the owner of Truck No. MWN 581, who was original respondent No. 3 in MACP Nos. 8/1986 to 13/1986 and MACP No. 180/1987, being aggrieved by the common judgment and awards passed by the Member, MACT, Ahmednagar in abovesaid claim petitions on 31-5-1994 whereby he alongwith driver Rajendra Deshmukh were held responsible for payment of compensation amounts to various claimants, and thereby respondent insurance company so also respondent Ranwad Parisar Vikas Pratishthan (hereinafter referred to as "Ranwad Parisar Pratishthan") and Kakasaheb Wagh Sahakari Sakhar Karkhana Ltd., (hereinafter referred to as "the sugar factory") are discharged from liability to pay compensation.

(2.) Brief facts giving rise to these appeals may be stated as below:

(3.) Opponent Nos. 1 and 2 did not appear though duly served. Opponent No. 3 who is the present appellant filed written statement admitting that he was owner of the vehicle involved in the accident and the truck was insured with the opponent Insurance Company. Opponent Ranwad Parisar Pratisthan was established for transport of sugarcane in command area of opponent sugar factory. In crushing seasons of 1984-1985, the appellant had entrusted the vehicle in custody of opponent Ranwad parisar Pratisthan and the sugar factory. Both have obtained permission of the Government to transport labourers on certain conditions. It is denied that the vehicle was driven rashly and negligently. It is stated that the liability is of Ranwad Parisar Pratisthan and the insurance company.