NATIONAL INSURANCE CO LTD Vs. LALMUNI BAI

JUDGEMENT

(1.) By this appeal, the appellant-Insurance Company has assailed the impugned award dated 18.07.2012 passed by the learned Motor Accident Claims Tribunal, Jashpur CG (for short, 'the Tribunal') in Claim Case No.19 of 2010 wherein learned Claims Tribunal has partly allowed the claim application filed by the appellants/claimants and awarded total sum of Rs.4,42,000/- towards compensation.

(2.) Brief facts for disposal of this appeal are that on 07.07.2008 respondent- 6 was driving tractor bearing No.CG 14 A-2288 and returning to the house of its owner after ploughing agricultural fields. At that relevant time, the tractor met with an accident and one Ramesh Ram, son of respondents- 3 and 4 died as the tractor turned turtle. On account of his death, claimants who are wife, children, parents and sister of the deceased have filed claim application against the non-applicants seeking compensation of Rs.15,40,000/- in total on all heads.

(3.) Respondent Nos. 6 & 7 who are driver and owner of the ill-fated vehicle submitted reply to the claim application and denied all the material pleadings made in the application. They have also pleaded that the claim amount was on higher side. Non-applicant 3, appellant/Insurance Company herein submitted its separate reply and stated that on the date of accident, deceased- Ramesh Ram who was sitting on the tractor engine, came under the tractor and died, therefore, there was violation of conditions of Insurance Policy and the Insurance Company is not liable to indemnify the claim amount.