NATIONAL INSURANCE CO LTD Vs. CHANDRAPPA

JUDGEMENT

(1.) BOTH the MFA's are directed against the judgment and award in MVC No.37/2002.

(2.) MFA No.213/2008 is filed by the insurer questioning the liability and MFA No.4906/2008 is by the claimant seeking enhancement of compensation. MFA cross objection No.48/ 2010 is by the owner questioning the pay and recovery order.

(3.) THE claim petition was contested by the insurer, inter alia contended that the insurer is not liable to pay the compensation as the deceased was travelling on mudguard of the tractor. Secondly the tractor was also hired for transportation of the paddy straw whereas the tractor is registered as agricultural motor vehicle and it was not a transport vehicle. THE Tribunal on consideration of the entire evidence relying on the decision reported in ILR 2004 SC 2409 : (AIR 2004 SC 1630) held that insurance company is liable to pay the compensation, thereafter it can recover the amount from the owner. While holding so, the Tribunal also held that the owner of the vehicle has violated the terms and conditions of the policy as the deceased was allowed to sit on the mudguard and the accident occurred when she was travelling on tractor and awarded compensation of Rs.3,15,000/- with interest.