ORIENTAL INSURANCE CO. LTD Vs. RAMJANI

JUDGEMENT

(1.) Heard learned counsel for the appellant. This is an appeal by the insurer of Truck No. U.P.-71-B-8524. It appears that on 10.5.2011, at about 1 O'clock when Tractor No. U.P.-71-B-0265 was moving slowly on its left side towards Laxmibai Inter College, Bahua the tractor was hit by the Truck, bearing registration No. U.P.-71-B-8524, causing injuries to the claimant, one Raju and one Baburam who died on the spot.

(2.) The Tribunal found that the accident has been caused due to rash and negligent driving of the driver of the truck. The Tribunal observed that the site plan reveals that the truck was on the wrong side and hit the tractor, which was moving on its left side, as a result of which the accident occurred and, therefore, held driver of the truck responsible for the accident. The Tribunal on the basis of the income of the claimant and the evidences filed about the expenses incurred in the treatment assessed the compensation at Rs. 1,42,575.

(3.) Learned counsel for the appellant submitted that the claimant was travelling in the trolley of the tractor, which was meant to be used for the agricultural purposes and not for carrying the passengers and, therefore, the driver of truck cannot be held responsible for the accident.