G.S.AHLUWALIA,J. - (1.)This miscellaneous appeal under Section 173(1) of Motor Vehicle Act, 1988 has been filed against the award dated 18/10/2010 passed by Fourth Additional Motor Accident Claims Tribunal, Gwalior in Claim Case No. 107/2009, by which the claim filed by the claimants has been partially allowed. The insurance company has been exonerated from its liability on the ground of violation of the insurance policy.
(2.)The necessary facts for disposal of the present appeal in short are that the appellants/claimants filed an application under Section 163A of M.V.Act on the averments that on 09/02/2009 at about 5 pm, the deceased Chadrakumari was coming back from Ratangarh Mata Temple and was standing by the side of the road and was waiting for the bus and at that time the defendant No.1 by driving the tractor and trolly bearing Registration No.UP093/Q2021 in rash and negligent manner, turned the tractor and trolley upside down, as a result of which the deceased Chandrakumari, who was standing on the road got crushed under the tractor and trolley and died on the spot. FIR in Crime No.22/2009 was registered at Police Station Pandokhar, District Datia for offence under Sections 279, 337, 338 and 304-A of IPC and accordingly, a claim petition was filed claiming a total amount of Rs. 8,70,000/-.
(3.)The respondent No.3/insurance company filed the written statement and disputed the averments made in the claim petition. It was mentioned in the written statement that the tractor and trolley was being used for other than the agriculture purposes and was being used for transporting the passengers and the deceased was sitting in the trolley and, therefore, the insurance company is not liable to pay the compensation amount.