GOURILAL LAXMAN Vs. BANESINGH DEVILAL

JUDGEMENT

(1.) THIS order shall also govern the disposal of M. A. No. 1242/2000, as both the appeals are arising out of one award dated 3-7-2000 passed by MACT, Rajgarh Biaora in Claim Case No. 56/98, whereby the claim petition filed by the appellants was allowed in part and after assessing the compensation of Rs. 80,000/- a sum of Rs. 40,000/- was awarded against respondents.

(2.) M. A. No. 1174/2000 is filed by the appellants/claimants while M. A. No. 1242/2000 has been filed by the respondents No. 1 and 2.

(3.) SHORT facts of the case are that appellants filed a claim petition alleging that appellants are the parents of deceased Dhansingh. It was alleged that on 19-1-1996, deceased Dhansingh was travelling in a tractor bearing Registration No. MP 04-H-3056. Further case of the appellants was that the said tractor was going to village Naikheda, at that time the said tractor met with an accident with another tractor bearing Registration No. MP-4-F/7598, with the result Dhansingh, son of appellants died. It was alleged that the tractor bearing Registration No. MP-04-F/7598 was driven by respondent No. 1, owned by respondent No. 2 and insured with respondent No. 3. It was alleged that since the accident occurred because of rash and negligent driving of respondent No. 1, therefore, claim petition be allowed and respondents be directed to pay the compensation.