ORIENTAL INSURANCE CO LTD Vs. SAVTHANJI KHODAJI THAKOR

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicles Act, 1988 is directed against the judgment and award dated 19.10.2004 of the Motor Accident Claims Tribunal, Ahmedabad Rural in MAC Petition No.1745 of 1990 awarding compensation of Rs.96,469/- with interest at the rate of 9% per annum from the date of the claim petition till realization to respondent No.1 herein (original claimant) on account of the injuries sustained by the claimant in a motor vehicle accident.

(2.) On 24.3.1989, the claimant was engaged in the work of processing wheat in the thresher in the field of Merubhai Somabhai Thakore when the thresher was attached with tractor No. GRG-9150 and the tractor was being driven by original opponent No.1 (respondent No.2 in this appeal). When the tractor was moving the thresher, the right hand of the claimant was crushed by the thresher. The claimant, therefore, filed the claim petition for compensation of Rs.2 lakhs. The Tribunal held that the accident was caused by the sole negligence of the driver of the tractor. The following amounts have been awarded by the Tribunal for compensation under different heads:- <FRM>JUDGEMENT_126_TLGJ0_2007Html1.htm</FRM> The Tribunal repelled the contention of the Insurance Company that the Insurance Company was not liable to satisfy the award because only the tractor was insured and not the thresher.

(3.) Mr Munshaw with Mr Barot for the appellant-Insurance Company reiterated the contention urged before the Tribunal disputing its liability to satisfy the award. Secondly, it is also submitted that since the complaint was filed by the claimant one week after the accident and the case of the driver of the tractor was that the claimant was under the influence of alcohol, the Tribunal ought not to have held even the driver responsible for the accident in question.