RAYAL SUNDARAM ALLIANCE INSURANCE COMPANY Vs. LAKHAN LAL

JUDGEMENT

(1.) THIS appeal by the Insurer is directed against the award dated 6. 10. 2006 passed in Claims Case No. 46 of 2006 by the 6th additional Motor Accidents Claims Tribunal (F. T. C.), Raipur (hereinafter referred as the m. A. C. T.)

(2.) ADMITTED facts are that for the accidental death of Lekhram, aged 15 years on 27. 1. 2006, the M. A. C. T. awarded compensation of rs. 1,17,500/ -. Tulas Ram, respondent No. 4, was driving the Tractor No. C. G. 04/d 0167 to whichatrailer No. C. G. 04d/168 was attached and possessed a valid driving licence. The insurance policy covers use of the Tractor/ trailer only for Agricultural and Forestry purposes and covers the risk of the paid driver and/or cleaner. The Tractor/trailer was owned by Punitram Sahu, Respondent No. 5, on the date of accident.

(3.) CLAIMANTS had, in their application under section 166 of the Motor Vehicles Act, 1988 (henceforth 'the Act'), pleaded that due to rash and negligent driving by Tulas Ram, Lekhram, who was sltting by the side of the driver feil and died.