JUDGMENT (S.B. Sinha, J.)

1. Leave granted.

2. Appellant is aggrieved by and dissatisfied with the judgment and order dated 28.11.2005 passed by the High Court of Madhya Pradesh at Gwalior in Misc. Appeal No.5/2000 whereby and whereunder the appeals preferred by the respondent herein against an award dated 6.10.1999 passed by the Additional Motor Accident Claims Tribunal, Vidisha, in Claim Case Nos.57 of 1998 and 52 of 1998 were allowed opining that the respondent-insurance company was not liable to indemnify the insured.

3. Bereft of all unnecessary details, the fact of the matter is that on 27.1.1996 the deceased Rajendra Singh and Balaram along with others were travelling by a truck bearing registration No.MP-06/E/0129 with their buffalos on 27.1.1996 from Agra to Vidisha. It met with an accident having been hit by a tractor trolly bearing registration No. MP -6/J/7506. Rajendra Singh died on the spot whereas Balaram was seriously injured in the said accident. He was admitted in a hospital at Gwalior where he succumbed to his injuries.

4. A First Information Report was also lodged with regard to the said incident.

5. Having been served with a notice in the proceedings claiming c