- (1.) Instant civil misc. appeal has been filed by the appellant-Insurance Company under Section 173 of the Motor Vehicles Act against the judgment & award dt. 23/03/2015 passed by the Court of Additional District & Sessions Judge No.5-cum-Motor Accident Claims Tribunal, Jaipur District, Jaipur whereby the claimants-respondents have been allowed compensation to the tune of Rs.4,38,100/-.
(2.) Brief facts of the case are that on 12/06/2009 at about 10.00 AM, one Narendra Kumar, who was going on his motorcycle bearing No.RJ-14-SS-9928 from Bichun Road to Narena, at that time, a red colour Messey Ferguson Tractor No.RJ-14-2R-0585, which was coming from Narena and whose driver was driving it in a high speed, in a rash and negligent manner, hit Narendra Kumar and consequent thereto, he suffered grievous injuries and expired. On filing claim petition by the claimants-respondents, the Tribunal framed five issues and all the issues have been decided against the appellant-Insurance Company and after analyzing the material on record, the Tribunal allowed claim to the extent of Rs.4,38,100/- by the impugned order which has been assailed herein.
(3.) Counsel for the appellant contended that the finding of the Tribunal is apparently perverse and contends that the trolley was attached to the tractor and the tractor with trolley was used for non-agricultural purposes. It is further contended by him that in the trolley 'Bajri' was also being carried and therefore, it was totally for non-agricultural purposes and the Tribunal came to a wrong conclusion that 'Bajri' was being carried for the purpose of constructing of agricultural storage room. He further contended that once trolley is attached with the tractor and the trolley being not insured and only tractor being insured, the finding is perverse and on a wrong finding, the order of the Tribunal deserves interference by this Court. Counsel relied upon judgments rendered in the case of National Insurance Co. Ltd. Vs. Bhema and others, 2009 ACJ 2494; New India Assurance Co. Ltd. Vs. Shanti Pathak & ors.,2008 RAR 167 (SC); Natwar Parikh & Co. Ltd. Vs. State of Karnataka and others, 2006 ACJ 1; Oriental Insurance Co. Ltd. Vs. Angad Kol & ors.,2009 RAR 204 (SC) and National Insurance Co. Ltd. Vs. Vidhyadhar Mahariwala and others, 2008 4 TAC 378 (SC).;