MAZID Vs. RAJ KUNWAR

JUDGEMENT

(1.) HEARD learned Counsels.

(2.) THIS appeal has been filed by one Shri Mazid owner of the vehicle namely Truck No. RJG 2771 being aggrieved by the impugned award of MACT, Chittorgarh deciding MACT Case No. 148/1988 vide order dt. 10.08.1989 whereby the learned Tribunal held that the respondent No. 3, United India Insurance Company would be liable to pay the compensation to the claimants in respect of death of one Bhim Singh to the extent of Rs. 50,000/ - and the balance compensation of this Rs. 50,800/ - would be payable by the owner and driver of the vehicle. The total compensation of Rs. 1,00,800/ - was awarded by the Tribunal on account of death of Bhim Singh in an accident which took place on 18.04.1986 while the said Bhim Singh along with one Moti Singh were returning back from Bhilwara after emptying the goods (Bhusa) at Bhilwara and while the said truck reached Railway crossing, it collided with another tanker from back side on account of rash and negligent driving by the respondent No. 2 Ramswaroop and on account of said accident, said person Bhim Singh died.

(3.) BEING aggrieved of the said award, the owner has approached this Court by way of present appeal to the extent of directions of the Tribunal for part payment of compensation by him.