NANDA DEVI AND ORS. Vs. MEHBOOB AND ORS.

JUDGEMENT

(1.) SINCE both these appeals have arisen out of the same judgment, hence the same are being adjudicated by this common verdict. Pratap Singh Airee (deceased), borne on bicycle, was dashed from behind by tractor No. UA08H -4837. The tractor was attached with the trailer loaded with the bricks. So, the engine of the tractor being less in the width crossed the bicycle ridden Mr. Airee, while the trailer, being so used and having quite larger width than the engine of the tractor, hit the victim. The deceased lost his life in that accident on 28.12.2009 at 5.30 A.M. The incident was witnessed by Nar Singh, who has been examined as PW 2 and he has proved the occurrence. Even the case of rash and negligent driving was registered against the driver Mahboob under the appropriate sections of the Indian Penal Code. He has admitted such registration of the case against him with the further admission that pursuant to registration of the said case, he was enlarged on bail by the Court of Magistrate.

(2.) THE aforementioned tractor was insured w.e.f. 12.3.2009 to 11.3.2010, which covers the date and time of accident. The insurance cover note explicitly shows that no trailer was got insured along with such tractor. Even the trailer does not bear any registration number. So, it has been argued on behalf of the insurance company that the tractor was a vehicle which was insured only while doing the agricultural work, and carrying of bricks in no way can be attributed to be any such work, where for the tractor was meant.

(3.) THE argument made on behalf of the tractor's owner that no such accident occurred is belied by the evidence of the vehicle's driver himself, who has been examined in the trial court as DW 1.