JUDGMENT - M.L. DUDHAT, J.:---This First Appeal No. 741 of 1996 is based against the Award dated 22-1-1996 passed by the Member, Motor Accident Claims Tribunal, Raigad, at Alibag in Motor Accident Claim No. 153 of 1993. Appellant in this case is the original Opponent No. 1, who is the owner of the truck. Respondent No. 1 is the claimant, who had suffered injury during the accident and suffered 70% disability. Respondent No. 2 is the Insurance Company. Though served on 26th June, 1996 nobody filed appearance on their behalf. We may further mention that apart from the aforesaid service through the Court, respondent No. 2 was also served by the present appellant at the time of admission as well as hearing of the Civil Applications.

2. Few fact which are necessary to dispose off this First Appeal are as under :-

Appellant is carrying on the business of crushing the stone and other incidental activities and is the owner of vehicle Dumper/Motor Truck of the mark "Fargo" bearing R.T.O. Registration No. MHS/2503 which is, hereinafter referred to as "the Truck" for sake of brevity. Appellant engaged certain number of workers and labourers either regular or casual (badli) for the purpose of th

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