SHIVLAL Vs. RUKMABAI

JUDGEMENT

(1.) This order shall also dispose of the Misc. Appeal No. 55 of 1981 filed by the Insurer against the one and the same award dated 17-11-1980 passed by the Motor Accident Claims Tribunal Ratlam in Claim Case No. 16 of 1977.

(2.) It may be stated at the outset that the appeal No. 26 of 1981 is by the owners of the accident vehicle and the other appeal is by the insurer. The claimants have filed cross-objections.

(3.) For the purpose of these appeals it is no longer in controversy that the tractor bearing Registration No. MPU 5571 belonging to Shivlal and Kanhaiyalal (the appellants in appeal No. 26/81) was involved in an accident and had turned turtle at about 11.30 a.m. on 24-4-77 on the road between Bibdod and Ratlam ahead of the culvert from Sagod. At the time of the accident the vehicle was being driven by Shivlal and was insured with the appellant in M. A. No. 55/81. Laxminarayan an agriculturist aged about 50 years who was travellingjby the tractor which had been brought to his field in connection with the boring of well there had met instant death as a result of the accident. The respondent Rukmabai is the widow of the said Laxminaryan and the minor respondents Radheshyam and Jagdish are his sons.