NEW INDIA ASSURANCE COMPANY LTD Vs. RAGHUVIR

JUDGEMENT

(1.) THIS is a petition under Article 227 of the Constitution of India. This arises out of the following facts. The petitioner is an Insurer. A tractor, bearing No. UP-75/2218, was involved in an accident on 16-10-1991. One Sonu, minor, aged four years, died in this accident. In para 3 of the claim petition, it is stated that the deceased Sonu and Maya Devi were waiting on the road-side for a lift. They made a request to the driver of the tractor to accept fare from them and permit them to travel on the tractor-trolley. It is further stated in para 3 of the claim petition that a sum of Rs. 6/- was given by way of fare. It is on these premises, the petitioner Company contends that ultimately, no liability can be fastened on them. The petitioner Company has also placed reliance on the insurance policy. As per the insurance policy, the tractor was meant to be used for agricultural purposes only.

(2.) THE Motor Accidents Claims Tribunal has awarded interim compensation to the extent of Rs. 25,000/ -. This is being challenged in this petition on the ground that ultimately the Insurance Company cannot be held liable and, as noticed above, reliance is being placed on the averments made by the claimant in para 3 of the claim petition.

(3.) THIS is one aspect of the matter. The other aspect which has been pointed out by the learned counsel, appearing for the owner of the tractor, is that his stand is entirely different. The fact as to whether Sonu and her mother were travelling as passengers or not is not admitted by his client. As such, this is a contentious issue and would ultimately be decided after the trial is over. According to him, the Insurance Company cannot escape liability created under Section 140 of the Motor Vehicles Act, 1988 (for short, the Act' ). He has also pointed out that on account of the provisions contained in Section 144 of the Act, the provisions of Chapter X ought to have an overriding effect.