NEW INDIA ASSURANCE COMPANY LTD Vs. SATYA PAL & ORS
HIGH COURT OF UTTARAKHAND
NEW INDIA ASSURANCE COMPANY LTD
Satya Pal And Ors
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(1.) This appeal, filed under section 173 of the Motor Vehicle Act, is directed against the judgment and award dated 18.8.2007 passed by Motor Accident Claim Tribunal/Additional District Judge/FTC-I, Dehradun in MACT Case No.17 of 2005, whereby the appellant Insurance Company has been directed to pay an amount of Rs.37,000/- along with interest @ 6% per annum to the claimant/respondent no.1.
(2.) Brief facts of the case, giving rise to the present appeal are, that on 16.10.2004 at about 5 PM the claimant along with driver Jagdeep Singh was coming on Tractor No.HR-02 L-6092. The tractor was being driven by its driver rashly and negligently; and fell into mud and overturned. Driver of the vehicle jumped out from the tractor but the claimant received serious injuries on face, eyes and shoulders. The injured/claimant was sent to C.M.I. Hospital Dehradun for treatment. The injured was the only earning member in his family and was earning Rs.4,000/- per month. With the above averments, the claimant/injured filed the claim petition for compensation.
(3.) The claim petition was contested by O.P. No.2, the owner of the vehicle as well as by O.P. No.3, the Insurance Company, by filing their written statements separately. The Insurance Company has specifically pleaded in para-30 that at the time of accident the vehicle in question was carrying the passenger while it was insured only for agricultural work. There was personal accident coverage of driver of the vehicle only and any other person was not insured. Hence, the liability cannot be fastened upon the Insurance Company.;
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