MANIKRAM Vs. KALAWATI

JUDGEMENT

(1.) This appeal is filed by the owner-cum-driver/non-applicant No.1 under Sec. 173 of the Motor Vehicles Act, 1988 against the award dtd. 8/7/2013 passed by Additional Motor Accident Claims Tribunal, North Bastar, Kanker (CG) in Claim Case No.55/2012 awarding total compensation of Rs.3,27,880.00 with interest @ 7.5% per annum from the date of application till realization, fastening liability on the non-applicant No. 1/owner-cum-driver while exonerating nonapplicant No.2/insurance company on the ground of breach of policy conditions as the vehicle was being used for commercial purpose by carrying bricks for construction of school whereas it was insured for agricultural purpose only.

(2.) As per claim petition, on 14/7/2011 Dhanraj Pandey, agriculturist, aged about 21 years, earning Rs.4000.00 per month, along with other agriculturists was travelling in the vehicle Tractor bearing registration No. CG 17G 1924, owned and driven by non-applicant No.1 and insured with non-applicant No.2. However, due to rash and negligent driving of the vehicle by non-applicant No.1, Dhanraj Pandey fell down from the vehicle, suffered grievous injuries and died on the spot itself.

(3.) On claim petition being filed by the claimants, wife, mother, sister and brother of the deceased, under Sec. 166 of the Motor Vehicles Act, the Tribunal considering the evidence led by the parties passed an award as mentioned above.