M.A.SIDDIQUI
NATIONAL INSURANCE CO. LTD. – Appellant
Versus
RAMESH SEN – Respondent
M.A. Siddiqui, J.
The Insurance Company has filed this appeal challenging the order dated 21st February, 2003 passed by Additional Member of Motor Accident Claims Tribunal, Seondha Camp, at Datia in Claim Case No. 03/2000, by which the Tribunal allowed the claim against respondent Nos. 4 and 5 and appellant both jointly and severally for the amount of Rs. 1,52,000/- as compensation to the respondents No. 1 to 3 for the death of Raju, the son of respondents No. 1 and 2 and brother of respondent No. 3. It is undisputed fact that an amount of Rs. 50,000/- has been paid by the appellant under no fault liability u/s 140 of Motor Vehicles Act, 1988. It is also undisputed fact that respondent Ramesh died during pendency of this appeal and respondent No. 2 is widow and respondent No. 3 is the son of deceased respondent No. 1. It is also not disputed that tractor No. MP07-A/9122 (hereinafter referred as the 'offending tractor') together with trolley was insured with appellant for agricultural purpose. The offending tractor was being driven by Parsuram (respondent No. 5) and owned by Vrindawan (respondent No. 4) who is father of respondent No. 5. It is also not in dispute that Parsu
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