BEESAAHA Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) BEING aggrieved by the rejection of the application for compensation vide award dated 14. 8. 1997 passed in Claim Case No. 12 of 1994 by the Second Additional Motor Accidents claims Tribunal, Bilaspur (henceforth 'the m. A. C. T. '), the appellant-claimant has preferred this appeal.

(2.) FOLLOWING facts are not disputed. The appellant-claimant was the owner of tractor-trolley No. MP 26-E 0390 covered under a policy of insurance by the respondent for agricultural purposes. On 28. 3. 1993 at about 9 p. m. , the appellant-claimant was returning with 5 labourers from a quarry after filling stones in the trolley. While on a down-gradient, the tractor turned turtle. One of the labourers, i. e. , Mohan lodged a report on the same day at P. S. Ratanpur that while the appellant-claimant was driving the tractor-trolley in a rash and negligent manner on a down-gradient, it went out of control and turned turtle. A criminal prosecution for causing injury due to rash and negligent driving was launched against the appellant-claimant, in which he was convicted upon pleading guilty and was sentenced to fine.

(3.) THE appellant-claimant pleaded that due to accident, he suffered 25 per cent permanent disability on his left foot. Since the policy of insurance was a comprehensive policy, the respondent-insurer was liable to pay the total compensation of rs. 4,90,000 towards the injury sustained by him as also for the damage caused to the tractor-trolley.