(1.) The appeal is directed against judgment and award dated 13th August, 1997 passed in Motor Accident Claims Petition No. 57 of 1995 by the Motor Accident Claims Tribunal, Akola.
(2.) Facts which gave rise to appeal are :
(3.) Respondent no.2 resisted claim on the ground that the deceased had requested to give him lift, but when driver refused to give him lift, he sat forcibly. According to driver, the accident occurred on account of driver operating brakes immediately in order to save shebuffalo and vehicle turned turtle.