NEW INDIA ASSURANCE CO LTD Vs. MAZO

JUDGEMENT

(1.) Insurance company has come up in appeal challenging the validity of judgment dated 12.5.2008 rendered by the District Judge/Motor Accident Claims Tribunal, Dehradun, whereby the liability to pay compensation has been fastened upon the appellant.

(2.) The accident occurred while Mr. Shabbir was returning after offering morning prayers in the mosque and the tractor attached with trailer, being driven rashly and negligently (as disclosed in the FIR) dashed him making him seriously injured and ultimately he succumbed to his injuries.

(3.) Only the tractor was covered by the insurance policy excluding the trailer attached therewith. Trailer was filled with stones/pebbles. The Tribunal was of the view that since the tractor was being used to transport stones/pebbles from one field to some nearby ditch, so the use of vehicle at the relevant time cannot be attributed to be commercial in nature. Therefore, the liability should have been fastened upon the insurance company because as per the view of Tribunal, the vehicle was being used for agricultural purposes at the relevant time.