CHAMELI Vs. MUKESH

JUDGEMENT

(1.) An accident had taken place in which person sitting on the tractor fell down from it and was crushed under the wheel of the tractor-trolly which proved fatal. The Tribunal dismissed the claim petition filed by the dependent of the deceased relying on the judgment of learned single Judge in the case of The New India Assurance Company Limited v. Smt. Tara Wati, reported in (1994) 2 Pun LR 103. In the said judgment it is observed as under :-

(2.) This case was referred to the Division Bench for decision on the following question:

(3.) When the matter came up for hearing none appeared for the parties. We have read facts of this case and gone through the judgment in the case of The New India Assurance Company Limited v. Smt. Tara Wati (1994 (2)Pun LR 103) (supra) and also the judgment by which the matter was referred to the Division Bench.