GRAMIN SAHKARI SAMITI MARYADIT Vs. GEETABAI

JUDGEMENT

(1.) BEING aggrieved by the award dated 30.10.1998 passed by MACT, Biora Distt. Rajgarh, in Claim Case No. 30/98, whereby a sum of Rs. 82,000 has been awarded along with interest @ 15% per annum, the present appeal has been filed.

(2.) SHORT facts of the case are that the respondent Nos. 1 to 3 are the legal representatives of deceased Sitaram, who was travelling in a tractor bearing registration No. MPD 8681, which was owned by respondent No. 5 and was driven by respondent No. 4. In the intervening night of 6.10.1987 and 7.10.1987 undisputedly the accident took place in which deceased Sitaram died. Thereafter, the claim petition was filed by respondent Nos. 1 to 3 against respondent Nos. 4 and 5 and also against the appellants alleging that the accident has taken place between the tractor No. MPD 8681 and truck bearing registration No. MBH 9406, which was owned by appellant No. 1 and was driven by appellant No. 2.

(3.) IN the said claim case on the basis of the pleadings of the parties learned Tribunal framed the issues, recorded the evidence and dismissed the counter-claim submitted by respondent No. 5, but allowed the claim petition filed by respondent Nos. 1 to 3 and awarded a sum of Rs. 82,000 along with interest 15% per annum against which the present appeal has been filed.