FULESRI Vs. UNITED INDIA INSURANCE CO. & ORS.

JUDGEMENT

(1.) THIS claimant's appeal for enhancement of compensation is directed against the award dated 29.09.1999 passed in Motor Accident Case No. 25/ 99, whereby learned Additional Motor Accident Claims Tribunal, Baikuntpur, Camp Court - Surajpur, has awarded compensation of Rs.94,0007 - with interest at the rate of 12% per annum from the date of application to the claimant for the death of her husband namely Ramjit Yadav, who died in a motor vehicle accident on 15.04.1996, involving tractor bearing registration No. MP 27 B/0429, which was owned by respondent No. 2 and insured with respondent No. 1 for the relevant period.

(2.) THE claimant filed a claim petition claiming compensation of Rs. 17,00,000/ - with the averment that she is the widow of deceased Ramjit Yadav, who was 50 years old at the time of accident and was earning Rs.5,000/ - per month from his Provision Shop and agriculture. The accident occurred on 15.04.1996 at about 16.30 hours in Village -Inderpur and the deceased died on the spot. Respondent No. 1/insurance company contested the claim petition on the ground that the vehicle in question was being driven in breach of policy condition as the tractor was used for other than agriculture purpose, the driven was not holding valid and effective driving license and therefore, the insurance company cannot be saddled with the responsibility of satisfying the award. Respondents No. 2 to 4 also contested the claim petition and took a stand that the claimant was not dependent on the deceased as he had no earning of his own. The accident occurred as a result of sudden failure of the brake of tractor, the tractor was insured by the respondent No. 1 and therefore, liability to pay compensation lies with the respondent No. 1/insurance company.

(3.) THE applicant examined herself and her witness Bhola (AW -2) in support of her claim petition whereas respondent No. 1 examined its Branch Manager of Ambikapur and Harishchandra. Respondent No. 2 & 4 also examined respondent No. 2 Devpal Sharan Singh -owner of the tractor, and Birbal, respondent No. 4 driver of the tractor.