RAKESH TIWARI, J. - (1.) HEARD Sri S.K. Mehrotra, learned counsel for the appellant and perused the impugned award. This First Appeal From Order has been filed against the judgment and award dated 5.12.2012 passed by the Motor Accident Claims Tribunal/ Additional District Judge, Court No.2, Kanpur Dehat in M.A.C.P. No. 411 of 2011, Smt. Suman and another versus Laxmi Chandra and another, whereby compensation of Rs. 4,21,000/ - together with interest at the rate 6% per annum was awarded to the claimant -respondents.
(2.) THE appellant has challenged the impugned award on the ground that the driver of tractor no. UP -78, BY -8577 was driving it in a rash and negligent manner, is erroneous and that Jagdish (since deceased) had not suffered any injuries from the said tractor, hence the claim petition before the Motor Accident Claims Tribunal was not maintainable against the appellant. It is argued in the alternative that admittedly wooden logs were loaded in the trailer attached with the tractor for transportation, hence the tractor was being used for commercial purpose in breach of the terms and conditions of insurance policy and for this reason too there is no liability of the appellant -Insurance Company for making payment of compensation to the claimant -respondents. The findings of the Tribunal being in teeth of the terms and conditions of Insurance policy are liable to be set aside.
(3.) ACCORDING to the learned counsel for the appellant, trailer attached with the tractor was not insured as no premium for it has been paid. He argues that without appreciating this material aspect the Tribunal has illegally held that the trailer does not require insurance, which finding, being against the provisions of Section 146 of the Motor Vehicles Act, 1988 is liable to be quashed.;