KANHAIYALAL Vs. KALIM KHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Learned counsel for the parties agree that both these appeals can be disposed of by common judgment and order since the challenge in both these appeals is to the common judgment and order dated 05.01.2008 made by Motor Accident Claims Tribunal, Washim (Tribunal) in M. A. C. Petition No. 64/2006 by the legal representatives of Firoz Khan claiming compensation of 15 lakhs on account of the Rs. 15 lakhs on account of the demise of the said Firoz Khan in an accident arising out of the use of the motor vehicle on 08.04.2005.

(3.) The accident took place in a field bearing Sr. No. 136 of village Kajleshwar, Tah. Karanja, Dist. Washim belonging to one Faimidabee. She had engaged the tractor owned by Kanhiyalal and driven by Ranjeet to undertake certain work including the digging of a well in the field. On 08.04.2005 at about 04:15 p.m., when the deceased Firoz was returning towards his house after purchasing some articles from the grocery shop, a heavy stone came flying and hit his head causing him grievous injuries. Firoz was rushed to the hospital, where he was unfortunately declared dead.