AKSHAY H. MEHTA, J.

( 1 ) THE appellant has approached this court under Section 110-D of the Motor vehicles Act, 1939 [hereinafter referred to as the Act ] to challenge the judgment and award made by the Motor Accident Claims tribunal [main] Banaskantha District at palanpur dated 24th September, 1980 passed in M. A. C. Petition No. 79 of 1979. By the said judgment and award the tribunal has directed the appellant as well as respondent no. 3 to satisfy the award whereby the original claimant has been awarded a sum of Rs. 1,32,250/- by way of compensation for the injuries received by him in a vehicular accident on 21st november. 1978. On that day the claimant, as an employee of the appellant, was travelling in a trolley/trailer attached to a tractor owned by the appellant. The tractor bore the Registration No. GTY 4768: whereas trailer bore the Registration No. GTY 6089. The trolley was loaded with gunny bags containing powder which were being transported from one godown to the other of the ownership of the appellant. The claimant was sitting on the heap of the gunny bags. It was averred by the claimant before the Tribunal that the driver of the tractor, who is respondent no. 2 herei

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