M.Y.Eqbal & Jaya Roy, JJ. - (1.) Heard Mr. S.L. Agarwal, learned counsel appearing for the appellant and Mr. Prasant Vidyarthi learned counsel appearing for the respondent insurance company and also counsel for the claimant and with their consent this appeal is disposed of at the admission stage.
(2.) By the impugned order and award passed by the Motor Accidents Claims Tribunal in Compensation Case No. 169 of 2005, a sum of Rs. 1,38,436 has been awarded for the death of the deceased and liability was fixed upon the appellant owner of the vehicle.
(3.) Fact which is not in dispute is that the deceased was driving tractor belonging to the appellant owner which turned turtled as a result of which the deceased came under the wheels of the tractor and died.;