NATIONAL INSURANCE COMPANY LIMITED Vs. LILABEN POPATBHAI VAGHASIYA

JUDGEMENT

(1.) The present first appeal has been filed by the appellant-original opponent No.3 - Insurance Company against the respondent Nos. 1 to 3 -the original claimants and respondents No. 4 and 5 -original opponents No. 1 and 2, under Sec. 173 of the Motor Vehicles Act, ( ' The Act ', for short) against the judgment and award passed by the learned M.A.C.Tribunal (Aux.), Rajkot in Motor Accident Claim Petition No. 1442 of 1998 on 30 th September, 2006. The parties are hereinafter referred to as the claimants and the opponents as they stood in the original petition for the sake of convenience, clarity and brevity.

(2.) The brief facts that emerge from the record of the case are as under:-

(3.) Being aggrieved and dissatisfied with the said judgment and award, the appellant-Insurance Company has filed the present appeal mainly stating that the learned Tribunal has materially erred in overlooking the fact that the deceased was traveling on the tractor trailer as a passenger and his risk was not covered under the policy or the act and ordinarily the tractor-trolley is used for agricultural purpose and except the driver, there is no place for any other person to travel on it. The deceased was in the trolley and at that time, the trolley was not used for agricultural purpose and hence as the issue is squarely covered by the Hon'ble Supreme Court in the case of the Oriental Insurance CO. Ltd Vs.Brij Mohan & Ors reported in AIR 2007 SC 1971, the Insurance Company must be exonerated from paying the amount of compensation.