Mahesh Chandra Sharma, J. - (1.) SINCE both these appeals have been filed against one judgment and award passed by MACT, hence the arguments have been heard together and they are being decided by this common judgment. Brief facts of the case are that on 17.9.2000 when the deceased Gajsingh was traveling on the mudguard of tractor no. RJ -11R -1776, being driven by Ashok, due to the negligence of the driver of tractor, Gajsingh fell down and the wheel of tractor crossed over him, as a result of which Gajsingh died in Gwalior Hospital.
(2.) THEREAFTER claim petition was filed, notices were issued, issues were framed, evidence was recorded and after hearing both the sides, the learned Tribunal decreed an amount of Rs. 3,04,000/ - in favour of claimants and against the non claimants. The Insurance Co. as well as the owner of the offending vehicle have filed the aforesaid appeals challenging quantum of compensation.
(3.) LEARNED counsel for the Insurance Co. has contended that the learned Tribunal committed error in deciding issue no. 4 and 5 against the Insurance Co. holding that the insurer is liable to satisfy the claim qua third party and can recover the amount thereafter from the owner because it is settled law that the insurer is not liable to cover the risk of passengers travelling in the tractor. Hence, the impugned award deserves to be quashed and set -aside.;