DHARMAWATI DEVI Vs. GURBACHAN SINGH

JUDGEMENT

(1.) THIS appeal has been preferred by the appellants against the judgment and order dated 21st February, 1990, passed by the Motor Accident Claims Tribunal, Nainital (hereinafter referred as 'the Tribunal') in Motor Accident Claim No. 41 of 1981, Smt. Dharamawati Devi and Ors. v. Gurucharan Singh and Ors., whereby the claim petition was dismissed by 'the Tribunal'.

(2.) BRIEF facts of the case are, that on 25th November, 1980, at about 1.30 p.m. Karan Singh was standing on the Kachhi Patri of road near the east of Lok Bastra Ekkai Haripara and persuaded the farmers not to supply sugarcane to the factory. one tractor bearing registration No. UTF 6339 driven by Gurcharan Singh-opposite party No. 1 in a very rash and negligent manner came there and crushed the deceased. The claimant claimed Rs. 15,00,000 as compensation. At the time of accident, the deceased was practising lawyer. He was aged 46 years arid his professional income was Rs. 1,000 and by agriculture and other income comes to Rs. 5,000. The deceased was a promising practising lawyer and was income-tax assessee. Therefore, the claimants filed a claim petition before the Tribunal concerned in lieu of the death of Karan Singh.

(3.) THE opposite party No. 3-Insurance Company contested the case by filing written statement stating therein that the Insurance Company is not liable to pay amount of compensation and that the vehicle alleged to be involved in the accident was not being driven by the person holding a licence and the tractor was insured for compensation risk for Rs. 1,50,000 only. The claim petition was not maintainable under law as the death of the deceased-Karan Singh was caused by an intentional act of committing his murder by the driver of the tractor who was planning to murder the deceased for the last several days preceding the incident. It was also alleged that the death of Karan Singh was not the result of any accident of the motor vehicle but the offending tractor was used for commission of murder of the deceased; hence the Insurance Company is not liable to pay any compensation.