ORIENTAL INSURANCE COMPANY LIMITED Vs. SHYAM BAI

JUDGEMENT

(1.) This appeal under Sec. 173 of the Motor Vehicle Act (for short 'MV Act') is against the impugned award dtd. 10/5/2019 passed by Motor Accident Claims Tribunal (for short 'Tribunal') Bilaspur, CG, in Claim Case No. 137/2018.

(2.) By the impugned award learned Tribunal awarded a compensation of Rs.7,10,400.00 in favour of respondents/claimants on account of death of Manoj Kumar. He met with an accidental death being employed as a helper in a tractor trolley bearing registration No.CG-29-A-0753 attached to Tractor No. CG-29-A-0752 which was carrying bricks to village Morga and that on account of its driver having lost control, it turned turtle and caused the acci-dent and resultant death Manoj Kumar. Said vehicle at the relevant time was driven by respondent No.3, owned by respondent No.4 and insured with the appellant herein. Accident was reported to the concerned police station where Crime No. 174/2017 was registered for the offences punishable under Sec. 279, 337, 304-A IPC and Sec. 5/180 and 3/181 of the Motor Ve-hicles Act. Pleadings further reflect that at the time of accident the deceased was aged about 20 years and was earning Rs.10,000.0015,000/- per month as a labourer. Claimants herein are the parents of the deceased.

(3.) Driver and owner of the offending vehicle remained ex parte and did not file any written statement. Appellant/Insurer however filed the written statement and averred that the deceased along with other labourers was sit-ting in the trolley; that the driver of the offending vehicle was not holding the licence to drive the vehicle in question, and therefore he was prosecuted for the offence under Sec. 3/180 and 5/180 of MV Act. It is pleaded that as the offending vehicle was used for the purpose other than the agricultural one and the deceased was travelling as gratuitous passenger, that only the risk of driver was covered and no premium for covering the risk of other per - son was taken, therefore, the insurance company is not liable to pay any compensation to the claimants.