NATIONAL INSURANCE COMPANY LTD Vs. CHHOTELAL PYASI

JUDGEMENT

(1.) INVOKING the appellate jurisdiction of this Court under Section 173 of the motor Vehicles Act, 1988 (henceforth the 'act') the appellant-National insurance Company, Ltd. has filed this appeal challenging the validity, legality, propriety and correctness of the award dated 29-3-96 passed by Vth Additional motor Accidents Claims Tribunal, Rewa in Motor Accident Claim Case No. 11/95.

(2.) THE facts pithily narrated are that respondent No. 1, Chhotelal filed a petition under Section 166 of the Act for compensation of Rs. 4,30,000/-claiming himself to be the legal representative of deceased Santosh Kumar, being his father, who died in a motor accident occurred on 4-10-91, alleging that on 4-10-91 deceased Santosh Kumar, aged about 18 years, was going in tractor no. MKA-3929 along with Shankar Singh, the respondent No. 2, who was driving the tractor. When the tractor reached near the house of deceased, shankar Singh slowed down the tractor to facilitate getting down of the deceased. When the deceased was in the process of alighting from the tractor, shankar Singh moved the tractor fast as a result of which the deceased came under the trolley of the tractor. The trolley over run the deceased crushing him. The deceased sustained serious injuries and after sometime succumbed to his injuries. It is alleged that the offending tractor was owned by respondent No. 3, baldeo Singh and insured by the appellant.

(3.) THE claim petition was opposed by the driver and owner of the tractor stating that the alleged accident did not occur by their tractor and if at all, it occurred by their tractor, the appellant-insurance company was responsible for compensation as the tractor was insured with it. The appellant also refuted the claim sought for, stating that the offending tractor and trolley were insured for the agricultural purposes and by carrying passengers therein the condition of insurance policy was violated. Because of this breach the insurance company is not liable for compensation.