N.K. Mody, J.

Being aggrieved by the award dated 31.1.2005 passed by Second M.A.C.T., Shajapur in Claim Case No. 43 of 2004 whereby the claim petition filed by the appellant was allowed and compensation of Rs. 65,000 was awarded and also respondent No. 3 was exonerated, the present appeal has been filed.

2. Short facts of the case are that appellant filed a claim petition alleging that on 5.6.2003 appellant was going along with other labourers for collection of building material in a truck bearing registration No. MP 13-KA 4745, which was being driven by respondent No. 2 rashly and negligently, owned by respondent No. 1 and insured with respondent No. 3. It was alleged that the truck turned turtle, as a result appellant sustained grievous injuries, hence claim petition was filed and it was prayed that compensation be awarded. The claim petition was contested by respondent No. 3 on the ground that since offending vehicle was being used for the purpose other than agricultural purpose, therefore respondent No. 3, insurance company, is not liable for payment of compensation. It was prayed that the claim petition be dismissed. After framing of issues and recording of evidence le