GOPAL Vs. BHAGWANTIBAI

JUDGEMENT

(1.) BEING aggrieved by the award dated 22-12-2000 passed by I MACT, m andsaur in Claim Case No. 6/99 whereby the claim petition filed by respondent nos. 1 to 3 was allowed and a sum of Rs. 1,71,000/- was awarded as compensation in a death case and respondent No. 4- Insurance Company was exonerated, the present appeal has been filed.

(2.) SHORT facts of the case are that respondent Nos. 1 to 3 filed a claim petition alleging that on 17-12-98, Nandlal who Was husband of respondent No. 1 and father of respondent Nos. 2 and 3 was going on his panther moped from village Hadi to Village Manasa through Pipliya, at that time tractor bearing registration No. MP 14 K 1164 which was being driven by appellant No. 1 and owned by appellant No. 2 dashed Nandlal with the result he died. It was alleged that offending tractor was insured with respondent No. 4 and the tractor was being driven rashly and negligently, therefore respondent Nos. 1 to 3 are entitled for compensation from appellant and respondent No. 4.

(3.) THE claim petition was contested by appellant and also by respondent No. 4. The defence of respondent No. 4 Was that accident took place on 17-12-98 while the policy was issued for the period from 19-12-98 to 18-12-99. It is submitted that since no policy was in existence when the accident took place, therefore respondent No. 4- Insurance Company cannot be held liable for payment of compensation.