TIPPANNA Vs. BANDAPPA

JUDGEMENT

(1.) This appeal and cross-objection are filed calling in question the judgment and award dated 28.07.2012 in MVC.No.2/2011 on the file of Fast Track-I and MACT-II Yadgiri (for short 'Tribunal'). The appeal is filed by the Insurer of the Tractor and Trailer bearing Reg.No.KA- 33-T-6061 T-6062 (for short 'the Tractor - Trailer). The cross-objection is filed by the father of the deceased seeking enhancement in the compensation. The Tribunal has awarded a total sum of Rs.4,52,000/- along with interest at the rate of 6% p.a. from the date of filing of claim petition till its realization.

(2.) The learned counsel for the Insurance Company submits that on 05.04.2010 the deceased - Nagappa was on the engine of the Tractor and therefore, the Insurance Company will not be liable. Further, the Insurance Company would also not be liable because the Tractor and Trailer was being used in breach of the policy condition. The Insurance Company has issued the policy for the Tractor and Trailer covering the risk that would be arise from the use for agricultural purpose. But, the Tractor and Trailer was used for commercial purpose for transporting the sand.

(3.) The learned counsel for the Insurance Company submitted that the undisputed facts are that the Tractor and Trailer was stuck in the riverbed. The driver requested the deceased to stand on the engine of the Tractor hoping that his weight would helpful him in taking out the Tractor and Trailer from the river bed sand. When the driver of the Tractor and Trailer revved the engine to get it out of the riverbed, the deceased fell down from the engine and the Tractor and Trailer ran over the deceased. The deceased was admitted in the Government Hospital for treatment and he died about 2 and half months after the date of the accident. The jurisdictional police registered FIR on the basis of the deceased's statement as per Ex.P.2. The deceased categorically stated before the police that he was standing on the engine of the Tractor on the instruction of the driver.