NEW INDIA ASSURANCE CO. LTD. THROUGH ITS DIVISIONAL MANAGER DIVISIONAL OFFICE, GWALIOR Vs. RAM KISHORE AND OTHERS

JUDGEMENT

(1.) Since all the appeals, Misc. Appeal Nos. 37, 38 and 43 of 1997, arise out of the same accident and a common award of the Tribunal, hence, they are being decided together by a common order.

(2.) The accident occurred on 29.4.1989 at about 10 o'clock. The deceased persons Sarkar Dulaiya and Balwan Singh and claimant Bitti bai along with others were going in a trolley attached to the tractor No. MPW 6856 for attending a religious function. It is alleged that near Bhandar Chiragaon triangular the vehicle turned turtle and as a result thereof persons sitting on the trolley sustained injuries. Sarkar Dulaiya, a woman aged about 70 years and Balwan Singh, a boy aged 14 years, succumbed to injuries and died whereas Bitti bai survived. Three different claim petitions were filed. Claim Case No. 107 of 1996 is in respect of death of Sarkar Dulaiya, Claim Case No. 108 of 1996 in respect of death of Balwan Singh and Claim Case No. 109 of 1996 is for the injuries sustained by Bittibai. The pleading regarding rash and negligent driving is same that the accident occurred due to rash and negligent driving of the tractor which was being driven by Gangaram. Gangaram died during pendency of this appeal and his name was deleted from the array of respondents vide order dated 27.6.1997. Claimants claimed compensation from opposite parties. During the trial before Claims Tribunal, opposite parties denied claim. Separate written statements were filed.

(3.) The claim was denied by the driver and owner of the tractor. The appellant insurance company also filed its written statement denying the claim. The defence taken by the insurance company is that (1) the tractor was insured only for agricultural purposes (2) the trolley which was attached to the tractor was not insured and (3) the offending vehicle has been transferred by Siyaram to Bhagwandas without intimating the insurance company.