NATIONAL INSURANCE COMPANY LTD. Vs. DEVLAL AND ORS.

JUDGEMENT

(1.) Since all the aforesaid two appeals arise out of the judgment and award dated 19-8-2011 passed by MACT, Ramganj Mandi, District Kota, hence the arguments have been heard together and they are being decided by this common judgment.

(2.) Brief facts of the case are that on 28-6-2007 at about 4.00 p.m. Dhanraj and Hemraj were travelling in tractor which was loaded with stones. Both of them were sitting on the bonut of the tractor, which was being driven by Kundan @ Kunj Behari. The vehicle was being driven rashly and negligently on Highway No. 12 and the driver suddenly turned the vehicle, due to which he lost control and hence the tractor along-with trolley fell down in an adjacent mine, which was filled with water. Consequently, both the workmen died.

(3.) First Information Report was lodged. Claim petition Nos. 40/2007 and 41/2007 were filed. Thereafter, notices were issued, written statement was filed, issues were framed, evidence was submitted and after hearing the arguments of both the sides, the learned Tribunal has passed the impugned award, vide which in claim petition No. 40/2007 Rs.3,73,000.00 have been awarded in favour of claimant(s) and in claim petition No. 41/2007, Rs. 1,28,000.00 have been awarded in favour of claimant(s).