S. N. Pathak, J. - (1.) Heard the parties.
(2.) This appeal has been preferred against the judgment dated 09.09.2013, passed by learned Presiding Officer, Motor Vehicle Accidents Claims Tribunal, Ranchi in Compensation Case No. 19 of 2008.
(3.) Facts of the case in short is that on 06.08.2007, a trailer loaded with iron sheets fell down in ditch near 50 yards East of Banarasi Hotel on N.H. 33. It is the further case of the claimant that the crane bearing Reg. No. 38 C-8627 was engaged to pull the said trailer and when the deceased namely, Arbind Singh was trying to hook, trailer with chain of the crane then in the meantime the driver of the said crane drove the vehicle in rash and negligent manner due to which the iron sheets loaded over the trailer fell down over the said Arbind Singh causing fatal injuries to him and due to said injuries, he died on the spot. It is further case of the claimant that the deceased was the sole bread earner of the family and due to his accidental death, the claimants have been suffering pecuniary and non-pecuniary losses for which they are entitled to get compensation from the Opposite Party-Appellant. It is the further case of the claimants that the deceased was a labourer and he was earning Rs.3000/- per month and due to his death, the claimant No.1 has deprived of companionship of her husband and other claimants have also lost the love and affection of their father. On these grounds, prayer was made to grant compensation to the tune of Rs.5.00 lakh with interest @ 9% per annum accrued thereon. On the other hand, case of the Insurance Co. was that the claim application is not maintainable and the claimants have no cause of action. It is further alleged that the O.P. No. 1 is not a registered owner of the vehicle bearing Reg. No. HR-38C-8627 and the Insurance Co. has not issued any policy in favour of the said Harendra Singh and the risk of labour is not covered under the alleged insurance policy, so the Insurance Co. is not liable to pay any compensation and there is no contract between Harendra Singh and the answering Opposite Party i.e. the Insurance Co. with regard to coverage of the alleged risk. It was further alleged that the interest in Crane bearing Reg. No. HR-38C-8627 is covered at material time of accident with the answering Opposite Party but the said policy is subject to different terms and conditions of the policy and in case of any violation of such terms of the policy, the Insurance Co. is not liable to pay any compensation and it cannot be asked to indemnify the loss of the owner. Lastly, it was alleged that the claim made by claimant was excessive and exorbitant and it cannot be accepted in want of any document and no extra premium was paid to cover the risk of any labourer of the owner of the said vehicle. So the Insurance Co. cannot be asked to indemnify the loss of the owner.;