VENKAT GANGADHAR BILAPATTE Vs. TULSABAI BABURAO DAHIPHALE

JUDGEMENT

(1.) HEARD the learned counsel appearing for the parties. Though Respondent Nos. 1, 2 and 3 were duly served, no one appeared on their behalf when the matter was called out. Office note shows that, Appeal stands dismissed against Respondent No. 5 -Prabhakar Sude vide Registrar's order dated 7th September, 2004.

(2.) THIS First Appeal is preferred by original Resp. Nos. 1 and 2 -driver and owner of the Tractor and Trolley challenging the Judgment and Award dated 14th October, 1997 passed by the Member, M.A.C.T., Latur in M.A.C.P. No. 266 Of 1994 holding that original Respondent Nos. 3 and 6 i.e. the New India Assurance Company and the United India Insurance Company Ltd. are entitled to reimbursement of the Interim compensation amount paid by it to the original claimants from the Appellants.

(3.) THE Tribunal by its Judgment and Award dated 14th October, 1997 dismissed the Claim Petition preferred by present Respondent Nos. 1, 2 and 3 on the ground that original claimants failed to prove that deceased was working with Appellant No. 2. At the time of dismissing the Claim Petition, the Tribunal also held that the tractor and trolley were insured only for the purpose of agricultural work. The Tribunal held that when the accident took place, the tractor and trolley were in use for commercial activity other than the agricultural activity. At the time of dismissing the Claim Petition, the Tribunal held that Respondent Nos. 3 & 6 -Insurance companies are entitled to reimbursement of the Interim compensation amount, if paid by them, from the appellants. To that extent the appellants have preferred present First Appeal before this Court.