ROYAL SUNDARAM ALLIANCE Vs. ESHWAR

JUDGEMENT

(1.) THIS is an appeal by the insurer.

(2.) THE Additional Motor Accidents Claims tribunal, Bemetara, District Durg (henceforth `the tribunal') has in Claim Case No. 58/06 passed an award dated 31-08-2007, whereby compensation of rs. 2,39,900/- was awarded in a case of death of one lilesh Kumar Yadav, who was travelling on the engine of the ill-fated new unregistered tractor (henceforth `the tractor') to which a trolley was attached. The tribunal held that since the tractor was insured for agricultural purpose only and was being used for such purpose, breach of the conditions of the policy of insurance was not proved.

(3.) THE short question that arises for determination in this appeal is whether in a case where the deceased was travelling on the engine of the tractor at the time of the accident and died as a result of a fall therefrom, liability to pay compensation could be fastened on the insurance company?