MUNFAIT Vs. ORIENTAL INSURANCE CO.

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicles Act, 1988, is directed against the judgment / award dated 28.02.2011, passed by the Motor Accident Claims Tribunal / Addl. District Judge, Roorkee, District Haridwar, in M.A.C.T. case no. 62 of 2009, Smt. Gulshana and others vs Maherban and others, whereby the learned Tribunal has awarded a sum of Rs.4,74,000/- against respondent no. 1 Insurance Company payable to the claimants within two months with recovery right from the appellant.

(2.) Brief facts of the case, are that the claimants filed the claim petition no. 62 of 2009, with the averments that on 26.04.2019, at about 07:00 A.M., deceased Mohd. Ahsan was returning to his house situated at Manglaur on his motorcycle. Near Kumar brick kiln, a Mahindra tractor, bearing registration no. U.P. 11Q / 2083, attached with trolley loaded with bricks, which was being driven by its driver rashly and negligently, came from opposite direction and dashed the motorcycle of Mohd. Ahsan, as a result of which he succumbed to his injuries on the spot. The claimants (wife, minor daughter and parents) sought compensation to the tune of Rs. 33,20,000/. The tractor involved in the accident was insured with the Oriental Insurance Co. Ltd. (respondent no. 1 herein)

(3.) Respondent no. 1 Insurance co. filed its written statement, stating therein, that the tractor along with trolley, which was loaded with bricks, was being used for commercial purposes, whereof the premium has not been paid to use the trolley for commercial purposes. It has also been stated that the tractor at the date, time and place of accident was being plied in violation of terms and condition of the insurance policy.