FAHIM AHMAD Vs. UNITED INDIA INSURANCE CO.LTD.

JUDGEMENT

(1.) The short question, which arises for consideration in this Appeal, is who is liable to pay the amount of Compensation awarded by the Motor Accident Claims Tribunal, Udham Singh Nagar (for short, 'the Tribunal') in M.A.C.P. No.98/2003 vide Award dated 6.8.2004. Brief facts of the case are thus: On 6.3.2003, the deceased Atma Singh, the husband of Appellant No.1 and the father of Appellants No.2 & 3 herein, was going from Kashipur crossing towards Tada Ujjain. When he reached the Station Road in front of godown, suddenly one Tractor having registration No.UP-21-H-4596 coming at a high speed in a rash and negligent manner hit the deceased from behind, as a result of which, he became seriously injured and died on the spot. Thus, the Appellants -Claimants claimed Compensation of Rs. 5,00,000 and averred that the deceased was 49 years old having monthly income of Rs. 4,600 Rs. 3,600 from Mason work and Rs. 1,000 from selling of Milk of 2-3 buffaloes). The Tribunal assessed the Annual Income of the deceased at Rs. 24,000 and applying the Multiplier of 13, awarded the Compensation of Rs. 3,12,000 with interest. However, the Tribunal held the Insurance Company, i.e., Respondent No.1 herein, liable to pay the said Compensation because the Tractor was insured with it as per rule at the time of the accident.

(2.) Against the Award of the Tribunal, the Appeal filed under Sec. 173 of the Motor Vehicles Act, 1988 (for short, 'the said Act ') registered as A.O. No.425 of 2004 in the High Court of Uttaranchal at Nainital was partly allowed on 18.5.2006 to the extent that the amount of Compensation so awarded by the Tribunal shall be paid by the Insurance Company, but it shall have a right to recover the same from the Owner of the offending Tractor as there was breach of condition of the Insurance Policy. This was so held because at the time of the accident, the Tractor was carrying sand. It is this decision, which has been assailed in the present Appeal.

(3.) We have heard arguments advanced by learned Counsel for the parties and perused the records.