JUDGMENT :

Heard finally by consent of learned Counsel for both the parties at the stage of admission.

2. The present appeal is filed being aggrieved by the judgment and award dated 28/09/2018 passed by the learned Member Motor Accident Claims Tribunal, Warora, District Chandrapur in Motor Accident Claim Petition No.12/2014.

3. The facts of the present case is as under:

On 08/05/2014, the respondent No.1 asked the deceased to bring sand from Metepar Ghat in his tractor bearing registration No. MH-34/AP-0227. Accordingly, the deceased went to bring the sand to construction site belonging to the respondent No.1. The deceased while returning by his tractor gave a dash to a tree. The deceased sustained grievous injuries on his head and died on the spot. The Tractor at the relevant time was owned by respondent No.1 and was insured with respondent No.2. The appellant being legal representative of the deceased filed claim petition under Section 163-A of the Motor Vehicles Act, 1988 against the respondents.

4. The respondent No.1 admitted the claim made by the petitioner. The respondent No.2 filed its written statement, denied the liability and stated that the tractor and the trolley attached t