SHANKARLAL Vs. BAKSHIBAI

JUDGEMENT

(1.) This order shall also govern disposal of M.A. Nos. 2293, 2134 and 2139 of 2005 as in all the appeals the question involved is one and the same and also all the appeals are arising out of one accident.

(2.) Short facts of the case are that claim petitions were filed by the claimants alleging that on 22.11.2003 at about 11.30 p.m. tractor bearing registration No. MP 44-M 2579 turned turtle with the result deceased Ramniwas and Radheshyam, who were travelling in the said tractor for the safety of the goods, sustained injuries and died. It was alleged that offending tractor and trolley was owned by appellant Nos. 1 and 2 and driven by respondent No. 4 and insured with respondent Nos. 6 and 7 as the tractor was insured with respondent No. 6 and trolley was insured with respondent No. 7. The claim petition was contested by the appellants and respondent Nos. 6 and 7 on various grounds. The claim petition was contested by respondent Nos. 6 and 7 on the ground that the offending vehicle was tractor-trolley which was insured for agricultural purpose, therefore, respondent Nos. 6 and 7 are not liable for payment of compensation. After framing of issues and recording of evidence the learned Tribunal allowed the claim application filed by the claimants and awarded compensation of Rs. 2,11,000 in death case, against which present appeals have been filed.

(3.) Mr. Sameer Athawale, learned counsel for the appellants of M.A. No. 2139 of 2005, submits that the learned Tribunal committed error in exonerating respondent Nos. 6 and 7. It is submitted that tractor and trolley were insured, therefore, there was no justification on the part of the Tribunal to exonerate respondent Nos. 6 and 7 only on the ground that tractor and trolley were insured for agricultural purpose. It is submitted that at the relevant time tractor-trolley was used for transporting the iron angles and iron rods, which were required for the purpose of construction of the well. It is submitted that so far as amount of compensation is concerned, learned Tribunal after deducting '/3rd towards personal expenses awarded the compensation of Rs. 2,11,000, the break-up of which is as under: <FRM>JUDGEMENT_242_ACJ_2013_1.html</FRM>