Gopal Krishan Vyas, J. - (1.) Instant appeal has been filed by the United Insurance Company Ltd. under Section 173, Motor Vehicles Act, 1988 challenging the award dated 13.05.2010 passed by Motor Accident Claims Tribunal, Jaitaran (Pali) in Claim Case No.65/2005 (128/2003), whereby, learned Tribunal allowed compensation of Rs. 3,73,000/-.
(2.) As per facts of the case, an accident occurred while mother of the claimants, Smt. Fundi Devi was sleeping at Jhala Crasher Mines on 04.04.2003, at that time, tractor bearing No.RJ 21R 9148 passed along and due to rash and negligent driving of the tractor by its driver Madhu Ram, the trolley of the tractor fell upon Smt. Fundi Devi and she 2 died on the spot. For the said accident, an FIR was filed and claim petition was preferred by the claimants for compensation of Rs. 7,35,000/- before the Motor Accident Claims Tribunal. Before the Tribunal, all the above facts were narrated and for loss of love and affection and damages the claimants pressed their claim.
(3.) The insurance company filed reply and submitted that the driver of the vehicle was not possessing valid driving licence and tractor in question was insured for agricultural purpose, therefore, when contravention was made of the terms and conditions of the policy, then, the appellant insurer cannot be held liable to indemnify the claimants. After reply was filed, the Tribunal framed five issues and, upon adjudication, granted compensation of Rs. 3,73,000/- in favour of the claimants vide judgment/award dated 13.05.2010.;