G.D. Dube, J. - (1.) A very interesting point arises in this appeal, whether descendants of an insured can claim compensation from an insurance company if his death is caused in an accident involving his own insured vehicle. It arises from a judgment and order of the Claims Tribunal, Jhansi, in case No. 7 of 1976, awarding a compensation of Rupees 1,51,000/- to the respondent. The Oriental Fire and General Insurance Company Ltd., Agra has come in appeal.
(2.) It has been alleged that Jagdish Prasad the husband of the petitioner was driving his International Tractor No. USG 7468 on 22-9-1975. On that date, it was raining heavily. At about 8.00 p.m., he was returning home. When he reached near village Chhappar, he applied brake to avoid accident to third person coming from opposite direction, but the brake slipped and the tractor fell from the edge of the road causing the death of owner cum driver Jagdish Prasad and two others. Jagdish Prasad was the owner of the tractor and insurance policy was also issued in his name. The appellant contested the claim and alleged, inter alia, that it was not liable to pay any compensation to the deceased who was insured himself. The jurisdiction of the Court to try the petition was also challenged.
(3.) On the pleadings of the parties, the learned Judge had framed four issues.;