Hon'ble BORKAR, J.—This is an appeal preferred by the insurance company being aggrieved by the judgment and decree passed by the District Judge and Ex-Officio Member of Motor Accident Claims Tribunal, Latur, in M.A.C.P. No. 205 of 1992, decided on 19.12.1995.

2. Brief facts giving rise to this appeal may be stated as below:.

Present respondent Nos. 1 to 5 are original claimants and they filed the claim petition for compensation in respect of death of Niwarti Bande, who was husband of respondent No.1 and father of respondent Nos. 2 to 5. It is case of respondent Nos. 1 to 5 that Niwarti Bande was a a labourer of about 36 years of age. He was earning Rs. 1000/per month. On 12.04.1992 at about noon deceased Niwarti Bande, P.W.2 – Dattatray Bande, one Bandu and Madhav had gone to to village Tiruka, Tal. Udgir for loading manure of one Govind Tidke. The work was taken by said four persons for Rs.75/per trip. The manure was being transported in the tractor trolley owned by respondent No.7 who was original opponent No.2. The tractor trolly was being driven by respondent No.6. The tractor was bearing No. MYI3751 and the trolly was bearing No. MYI3752. The tractor and the trolly were insured

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