NEW INDIA ASSURANCE COMPANY LIMITED Vs. SURENDRA PATEL

JUDGEMENT

(1.) Correctness and sustainability of the award passed by the Tribunal mulcting the liability upon the insurer of a Tractor-Trolley in respect of the death of a passenger carried in the Trolley, is put to challenge in this appeal filed at the instance of the insurer.

(2.) The deceased by name, Manglin Bai, was travelling along with some other persons in the Tractor-Trolley (bearing registration No.CG07/N/0780 and CG07/N/0781) allegedly for work. When the vehicle reached the place of occurrence, because of rash and negligent driving by the 4th Respondent, the vehicle overturned, causing fatal injuries, leading to the death of Manglin Bai, which was sought to be compensated by filing a claim petition in terms of Section 166 of the Motor Vehicles Act, 1988 by the legal heirs i.e. the husband and the children. It was contended that the deceased was a labourer, having an income of Rs.150/- per day and amounts were claimed under different heads.

(3.) The claim was resisted merely on the part of the Appellant-insurer pointing out that there was no coverage under the policy. It was stated that the policy was issued covering the offending vehicle/Tractor Trolley only for 'agricultural purpose' and further that, there was violation of the statutory/policy conditions.