ORIENTAL INSURANCE COMPANY LTD. Vs. JUGRI BAI

JUDGEMENT

(1.) This appeal under Sec. 173 of the Motor Vehicle Act (for short "MV Act") is against the impugned award dtd. 11/5/2017 passed by Motor Ac- cident Claims Tribunal (for short "Tribunal") Surajpur, District Surajpur, CG, in Claim Case No. 101//2011. By the impugned award learned Tribunal has awarded the compensation of Rs.6,42,500.00 in favour of the claimants/ re- spondents No. 1 to 4 to be paid by the appellant/insurance company.

(2.) Facts of the case in brief are that on 26/1/2009 the deceased namely Ram Prasad aged about 40 years at the relevant time fell down from the offending vehicle i.e. tractor trolley bearing registration No. CG-15-AA 8258 when it was going for dumping soil at a particular place.

(3.) Counsel for the appellant submits that the deceased Ram Prasad was travelling in the offending vehicle i.e. trolley and his risk was not covered in the insurance policy. He submits that the vehicle was in question was in- sured for agriculture purposes but at the time of accident it was being used for transportation of soil/stone chips which is also in violation of the insur- ance policy. He further submits that the driver of the offending vehicle was not holding the valid and effective driving licence and for that also there was violation of the insurance policy. In support of his argument, counsel for the appellant placed reliance on the decision of this Court in the matter of Rameshwar Kaushik and others v. Smt. Pramila Bai Loniya and others reported in 2015 (3) CGLJ 427 where it has been held as under: