MAINABAI AND ANOTHER Vs. SHANTILAL AND ANOTHER

JUDGEMENT

(1.) Being aggrieved by the award dated 5-11-09 passed by MACT, (Fast Track), Mandsaur in Claim Case No. 88/09 whereby claim petition filed by appellants was allowed and compensation of L 1,60,500/- was awarded in a death case, present appeal has been filed.

(2.) Short facts of the case are that the appellants filed a claim petition before learned Tribunal alleging that on 4-4-04 deceased Madanlal was working as labourer on a Tactor bearing registration No. MP/14-K/ 7124 which was driven by respondent No. 1, owned by respondent No. 2 and insured with respondent No. 3. It was alleged that because of rash and negligent driving of respondent No. 1 accident took place, in which Madanlal passed away. It was prayed that the claim petition be allowed and adequate compensation be awarded. The claim petition was contested by respondent No. 3 on various grounds including on the ground that since the offending vehicle was being used for commercial purpose and the risk of labourer was not covered under the policy, therefore, respondent No. 3 is not liable for payment of compensation. It was prayed that the claim petition be dismissed so far as it relates to respondent No.

(3.) After framing of issues and recording of evidence learned Tribunal allowed the claim petition and awarded a sum of L 1,60,500/- as compensation, against which present appeal has been filed.