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2010 Supreme(MP) 1103

N.K.MODY
Raoji – Appellant
Versus
Kailash – Respondent


JUDGMENT

N.K. Mody, J.

1. Being aggrieved by the award dated 29th March, 2007 passed by v. MACT (Fast Track), Ratlam in claim Case No. 44/06 whereby the claim petition filed by Appellants was allowed and compensation of Rs. 55,000/- was awarded on account of death of one Raisingh and Respondent No. 5 Insurance Company was exonerated, the present appeal has been filed.

2. Short facts of the case are that the Appellants filed a claim petition alleging the Raisingh @ Ramchandra was the son of Appellants. It was alleged that on 5th June, 2004 at about 7:00 pm when Raisingh was returning to home and was sitting on a tractor bearing registration No. MP/14-G/0014 attached with trolley bearing registration No. MP/14-G/0015 which was owned by Respondent No. 2 and driven by Respondent No. 1 rashly and negligently, at the time Raisingh feel down and the wheel of the Tractor rolled over him. It was alleged that because of this Raisingh sustained crush injuries and died on spot. It was alleged that the offending tractor and trolley was insured with Respondent No. 5, therefore, Respondent Nos. 1 & 2 and 5 are liable for payment of compensation. The claim petition was contested by Respondent No. 5 o






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