VESTA Vs. POONA

JUDGEMENT

(1.) BEING aggrieved by the award dated 9/7/2008 passed by MACT, Jobat, District Jhabua in claim case No.72/2006 whereby the claim petition filed by the appellants was allowed and compensation of Rs.1,62,000/- was awarded in a death case and respondent No.3 was exonerated, the present appeal has been filed.

(2.) SHORT facts of the case are that appellants filed a claim petition before the learned tribunal alleging that deceased Dileep was going on a tractor-trolley on 25/5/2006 bearing registration No.MP04 5 M 1532 which was driven by respondent No.1 rashly and negligently, owned by respondent No.2 and insured with respondent No.3, with the result tractor-trolley turtled down and Dileep sustained injuries and he died on spot. It was prayed that claim petition be allowed and compensation be awarded. The claim petition was contested by respondent Nos.2 and 3. After framing of issues and recording of evidence learned tribunal allowed the claim petition and awarded a sum of Rs.1,62,000/- and exonerated the respondent No.3, against which the present appeal has been filed.

(3.) LEARNED counsel for respondent No.3 submits that cross objections filed by respondent Nos.1 and 2 itself are not maintainable. Learned counsel submits that since deceased is occupant of the vehicle, therefore learned tribunal has rightly exonerated respondent No.3. Reliance is placed on a decision in the matter of National Insurance Co. Vs. Vedvati, 2007(II) ACJ 29.