UNITED INDIA INSURANCE CO LTD Vs. RAIMUN

JUDGEMENT

(1.) United India Insurance Co. Ltd./appellant herein has filed this appeal under Section 173 of the Motor Vehicles Act (for short 'the M.V. Act') questioning the award dated 19/02/2001 passed by First Additional Motor Accident Claims Tribunal, Baikunthpur (Koriya), Link Court Surajpur (Surguja) Chhattisgarh (for short 'the Claims Tribunal) in Motor Accident Claim Case No. 38/2001, by which, the learned Claims Tribunal has partly allowed the claim petition filed by the claimants and awarded total sum of Rs. 1,42,600 along with 12% interest.

(2.) Mr. H.B. Agrawal, learned senior counsel with Mr. Pankaj Agrawal, learned counsel appearing for the appellant/Insurance Company would submit that the driver of the offending vehicle-Ramjit did have possess only learner's licence, which is not a valid and effective driving licence and the vehicle in question was being plied in violation of the terms of the insurance policy by using the same for non-agricultural purpose. He would further submit that the Insurance Company is not liable to pay the compensation as seating capacity of the tractor is only one as Chhatru was gratuitous passenger, therefore, Insurance Company be exonerated from liability to make payment of compensation to the claimants.

(3.) Per contra, Mr. B.P. Banjare, learned counsel appearing for the respondents would submit that the impugned award passed by the learned Claims Tribunal is strictly in accordance with law and no interference is called for in exercise of appellate jurisdiction under Section 173 of the M.V. Act.