SHIV BAHADUR NISHAD Vs. ORIENTAL INSURANCE CO. LTD

JUDGEMENT

(1.) Heard Sri Mohd. Asim Zulfiquar, learned counsel for the appellant and Sri Amit Singh, learned counsel for the respondents-insurance company.

(2.) This appeal has been filed by the claimants being aggrieved of the award dtd. 13/3/2020 passed by learned Motor Accident Claims Tribunal/Additional District and Sessions Judge, F.T.C.-02, Allahabad on the ground that learned Tribunal has wrongly exonerated the Insurance Company though no evidence was led by the Insurance Company to the effect that tractor and trolley in question which were the cause of the accident, when deceased Rama Shanker died then firewood was transported in the tractor bearing Registration No.U.P. 70-G. It has come on record that Surya Bali was sitting on the mud-guard of the tractor, whereas, Rama Shanker was sitting over the heap of firewood dumped in the trolley. It is submitted that in absence of cogent evidence that tractor trolley were driven in violation of the policy condition, the Tribunal was not justified in exonerating the Insurance Company.

(3.) Reliance is placed on the judgment of Supreme Court in case of Shivaraj Vs. Rajendra and another; 2018 (4) TAC 1 (SC), wherein, in para 9 and 10, it has been observed as under:-