M.Y. Eqbal, J. - (1.) -This appeal by the insurance company is directed against the judgment and award dated 30.8.2008 passed by the Motor Accidents Claims Tribunal, Dhanbad in Title (M.V.) Suit No. 152 of 2003 whereby he has awarded a sum of Rs. 2,94,720 as compensation for the death of the deceased who died in a motor vehicle accident.
(2.) THE short facts of the case are that the deceased, Ram Prasad Mandal, was working as labourer in the vehicle which is a tractor and trailer. THE claimants case is that on 23.4.2003 when the deceased was going on a tractor for loading the stone chips, the vehicle fell down in a ditch causing death of the deceased. F.I.R. was lodged to that effect and a criminal case was instituted being Topchanchi P.S. Case No. 83 of 2003. According to the claimants, the deceased was aged 36 years and his monthly earning was Rs. 2,400. The owner of the tractor appeared and filed written statement stating, inter alia, that the tractor and trailer was duly insured with National Insurance Co. Ltd. The owner admitted that the deceased was working as daily waged labourer and on his death, a sum of Rs. 10,000 was paid for meeting the funeral expenses. The appellant insurance company, however, contested the case by filing written statement. The stand taken by the insurance company is that the deceased was not covered under the policy, inasmuch as no premium was paid for covering the risk of labourer employed by the owner of the vehicle. The insurance company also took a defence that the driver, who was driving the vehicle, was not holding a valid driving licence.
(3.) THE Tribunal after hearing the parties and on consideration of the evidence adduced by the claimants, decided all the issues against the appellant insurance company and awarded a sum of Rs. 2,94,720 as compensation. Mr. G.C. Jha, the learned counsel appearing for the appellant insurance company, assailed the impugned award as being illegal and wholly without jurisdiction. Learned counsel, firstly, submitted that the owner of the vehicle obtained insurance policy for his tractor and trailer only. The said policy did not cover the risk of the workman engaged in the said vehicle as no premium was paid for that. Learned counsel further submitted that the driver of the tractor does not possess any valid driving licence at the time of accident and, therefore, the insurance company cannot have any liability for payment of compensation. According to the learned counsel, the driver was possessing a driving licence to drive light motor vehicle and there was no endorsement to drive vehicle in a public place [sic public transport vehicle].;