H.L.DATTU, V.K.SHRIVASTAVA
SAHEBLAL CHANDRA – Appellant
Versus
BHUDAYAL CHANDRA – Respondent
( 1 ) THIS is an appeal filed by the appellants/ claimants tinder Section 173 of the Motor vehicles Act, 1988 (henceforth, "the Act, 1988") against the award dated 23-12-1995 passed by the Motor Accident Claims Tribunal, Ralgarh, (henceforth, "the Tribunal")in Claim Case No. 10 of 1993, whereby the application filed by the claimants under section 166 of the Act, 1988 has been dismissed.
( 2 ) FACTS briefly stated are that Gopal prasad Chandra (since deceased) was an employee of respondent No. 1. He was employed by respondent No. 1 to the post of driver of Truck No. MP-26-E-0042 (hereinforth, "the vehicle" ). The vehicle was owned by respondent No. 1 arid was insured with respondent No. 2. On 1-1-1993 deceased was driving the ill-fated vehicle, the vehicle fell into a field. When the deceased was ploughing the wet soil, he was caught up underneath the tractor and died. Both the appellants who are father and mother in the capacity of legal representatives filed an application under Section 166 of the Act, 1988 for award of compensation against the driver, owner and insurer of the vehicle. Respondent No. 1 contested the claim. Respondent No. 2 Insurance com
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