RAJES KUMAR AND S.S.CHAUHAN, JJ. - (1.) The present first appeal from order is directed against the judgment and award dated 29.9.2004, passed by the Motor Accident Claims Tribunal, Raibareli in M.A.C.P. No. 167 of 2001, Smt. Kushma Devi and Ors. v. Chandra Bhan and Ors.
(2.) THE facts in brief are that on 12.11.2000 at about 4 a.m. when the tractor was carrying passengers for the purposes of holy dip in river Ganga met with an accident near Hanuman Mandir at Maharajganj, Raibarelly Road, in which the deceased Ram Bhajan was also going for holy dip in river Ganga. The deceased succumbed to his injuries on the spot. Thereafter claim petition was filed by the claimants alleging therein that they are entitled for compensation as contemplated under the Motor Vehicles Act (hereinafter referred to as the 'Act'). Written statements were filed by the owner as well as by the driver in the claim petition and they stated that no accident has taken place from their tractor and neither their tractor was taken into police custody. The driver was having valid driving licence and the tractor was insured with the United India Insurance Company. It was further alleged that it was the insurance company, which was liable for payment of compensation. The insurance company filed written statement denying its liability and stated that the tractor in question was not insured for any other purpose except for agricultural purposes and, therefore, the insurance company was not liable for payment of compensation.
(3.) IN support of the claim petition evidence was led by the wife of the deceased, Smt. Kushma Devi, daughter Km. Uma Devi and the nephew Sanjay Yadav and they proved the factum of accident. The driver and the owner adduced evidence of valid driving licence as well as the insurance note cover. However, the insurance company did not adduce any evidence either oral or written except written statement and also did not bring on record the insurance policy to prove that the terms and conditions of the policy were violated. Upon consideration on entire material and evidence on record, the Tribunal gave an award against the insurance company. Feeling aggrieved with the aforesaid award, the insurance company has come up in appeal before this Court.;