- (1.) NEW India Assurance Company Limited has filed this appeal under Section 173 of the Motor Vehicles Act, 1988, against award dated 29 -03 -2003 of Motor Accidents Claims Tribunal, Jammu, in file No.376/Claims titled Karam Singh and Anr. V. Prethvi Singh and Ors., awarding an amount of Rs.2,16,000/ - as compensation for the death of the son of the claimants.
(2.) FACTS leading to the filing of this appeal may be stated thus: Pritam Singh, in connection with his agricultural pursuits, was riding a tractor to identify the land, which had to be ploughed by tractor No.JK -02L -5391 when it turned turtle, causing multiple injuries to Pritam Singh, who later succumbed to the injuries. The claimants are the unfortunate parents of deceased Pritam Singh. The parents claim was contested by the Insurance Company, besides the owner and driver of the tractor.
(3.) THE Tribunal framed following issues so as to resolve the issues, which had been raised by the parties in their respective pleadings: "1. Whether accident involving death of deceased Pritam Singh occurred to negligence of the driver of vehicle bearing registration No.JK02L 5391 on 2.8.2000? OPP. 2. If issue No.1 is proved what compensation petitioners are entitled to? OPP. 3. Whether terms and conditions of policy of insurance have been violated so insurer is not liable to indemnify owner? OPR -3. Relief." 4. It appears that Insurance Company had taken a plea that the terms and conditions of the Insurance Policy had been violated and, as such, Company was not liable to indemnify the owner. The claimants produced Sat Pal Singh, Sher Singh and one of the claimants Karam Singh, as their witnesses. No evidence was, however, adduced by the respondents in rebuttal.;