NATIONAL INSURANCE CO LTD Vs. REENA DEVI

JUDGEMENT

(1.) This appeal has been filed by the Insurance Company against the award of learned Motor Accident Claims Tribunal, Mandi awarding a sum of Rs.4,18,000/- along with interest @ 7 % per annum to the claimants from the date of filing of the claim petition till its realization.

(2.) It is undisputed before me that deceased Bhola Nath died in an accident on 11.3.2004 involving tractor of respondent No.1 before the Tribunal Shri Sarvan Kumar. He was crushed under the wheel and died as a result thereof. On the settled issues, the learned Tribunal on the evidence of the parties concluded that the death of Bhola Nath occurred in the accident involving tractor No. HP-31-6205. The claim petition, though was resisted by the owner on the ground that the deceased had tried to board the tractor from the rear i.e. trolley and the accident occurred because of that fact and not because he was traveling in the tractor which was coupled with the trolley and carrying sand. It is also undisputed before me that and as has been held by the learned Tribunal that the trolley was ferrying sand. To arrive its conclusion the learned Tribunal relies upon the evidence of Pawan Kumar (PW-3), who was an independent witness and was traveling with the deceased on the tractor on the same day. It is also undisputed before me that the insurance is only for the tractor and trolley as is evident from Exhibits RB and RC which is cover note of the Insurance company placed on the record of the case.

(3.) The only point of law urged before me is as to whether the liability can be apportioned on respondent No.2 before the learned Tribunal (Insurance Company), appellant herein. This Court in New India Assurance Company Ltd. Versus Sudesh Kumari and others, 2007 2 ACC 386 holds: