THE NEW INDIA ASSURANCE COMPANY LTD. Vs. SMT. HEERA BAI & ORS.
LAWS(RAJ)-2015-11-200
HIGH COURT OF RAJASTHAN (AT: JODHPUR)
Decided on November 03,2015

THE NEW INDIA ASSURANCE COMPANY LTD. Appellant
VERSUS
Smt. Heera Bai And Ors. Respondents

JUDGEMENT

VIJAY BISHNOI,J. - (1.) These three appeals are directed against the judgement and award dated 30.10.2001 passed by Motor Accident Claims Tribunal, Rajsamand (for short 'the tribunal' hereinafter) in three claim petitions being Claim Case Nos. 218/1999, 262/1999 and 263/1999 filed on behalf of respondent Smt. Dhapu, Smt. Mangi Bai and Smt. Heera Bai respectively, whereby the tribunal has awarded compensation of L 60,000/- along with interest at the rate of 9% per annum to respondent Dhapu; compensation of L 12,000/- along with interest at the rate of 9% per annum to respondent-Mangi Bai and; compensation of L 14,000/- along with interest at the rate 9% per annum to respondent - Heera Bai from the date of filing of the claim petitions.
(2.) The above named respondents filed the claim petitions in relation to an accident took place on 11.02.1999 at 5:00 PM. in Jawad village of Kankroli. The respondent- claimants have alleged that they were travelling in trolly No. RJ27/3480 attached to the tractor No. HR 20/A-9684 and the same turned turtle on account of rash and negligent driving by Mangi Lal driver of the said tractor, in which they received injuries.
(3.) Before the tribunal, the insurance company filed a reply and alleged that the tractor No. HR20/A-9684, to which trolly insured with the insurance company was attached, was not insured with it and therefore, the insurance company is not liable to pay compensation. The insurance company has also claimed that the respondent claimants were not travelling in the tractor as labourers but were travelling as passenger for which the insurance company did not receive any premium and, therefore, also, the insurance company is not entitled to pay any ompensation. Another objection was raised by the insurance company to the effect that at the time of accident, the driver of the tractor was not holding any valid licence and the owner of the trolly did not inform the insurance company about the accident, therefore, condition of the policy has been violated.;


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