KARAM CHAND Vs. BUDHANI BAI

JUDGEMENT

(1.) THIS is owner's appeal against the award dated 23- 4-2008 passed in Claim Case No. 61/2006 by the 1st Additional Motor Accident Claims Tribunal, Raigarh.

(2.) BRIEF facts of the case are as under:-

(3.) SHRI Santosh Kumar Tiwari, learned counsel for the appellant would submit that the learned Tribunal has erred in not holding the deceased as "third party", covered under the policy of insurance and thus erred in exonerating the insurance company from its liability to indemnify the appellants. He would further contend that in view of Rule 97(7) of C.G Motor Vehicles Rules, 1994 (briefly, 'the Rules of 1994') carrying of persons in tractor trolley is permitted at the time of Mela, Markets, Religious Functions, Marriages, etc. and the deceased traveled by the tractor for the purpose of Chandrahasini Temple Darshan and while returning home, said accident occurred. Therefore, it cannot be said that the appellants have violated statutory provisions by permitting persons along with deceased to travel in the said tractor trolley for the aforesaid- purpose. Reliance has been placed upon the decision in the case of United India Insurance Co. Ltd. vs. Alka Mangla and other reported in AIR 2008 Delhi 201 and decision of Supreme Court in case of United India Insurance Company vs. Santro Devei and others reported-in (2009) 1 SCC 558.