RUPENDRA KUMAR Vs. OMPRAKASH

JUDGEMENT

(1.) This appeal has been filed by the appellant (driver) against the impugned award dated 2-7-2009, passed by the 9th Additional Motor Accident Claims Tribunal (FTC), Durg in Claim Case No. 27/2008, awarding a total sum of Rs. 3,34,047/-, holding the owner and driver of the offending vehicle as responsible for payment of compensation, jointly and severally, exonerating the insurance company. Therefore, the appellant/driver has challenged the impugned award to the extent that the liability to pay the amount of compensation is on the insurance company because of the reason that there was no breach of the conditions of the insurance policy and the appellant/driver was having the valid and effective driving licence on the date of accident to drive the offending vehicle i.e. agricultural tractor for which a farmer s policy was issued by the insurance company.

(2.) We have heard learned counsel appearing for the appellant as well as learned counsel appearing for the respondents and perused the lower Court record as also the findings given in the impugned award.

(3.) Brief facts, in nutshell, are that on 16-4-2007 in the morning at about 11.30 a.m. Onkar Prasad Dubey, who was a Postman in the Indian Post & Telegraph Department, was going to the Sub Post Office at village Anda, on his cycle from village Chandkhuri. At that time in front of Kuthrail Bus Stop the tractor trolley, bearing registration No. C. G. 04-6321 and 6322, being driven in a rash and negligent manner by the non-applicant No. 1, hit the cycle, as a result of which Onkar Prasad Dubey received grievous injuries and during treatment he died on 23-4-2007. The offence was registered at Police Station Anda, District Durg against the driver of the offending vehicle. On the date of accident the offending vehicle was insured with the non-applicant No. 4 United India Insurance Company Limited.