NATIONAL INSURANCE CO LTD Vs. THAKERSHIBHAI RAMJIBHAI KOLI

JUDGEMENT

(1.) This appeal under section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the MV Act' for short) arises from the judgment and award dated 30th September, 2010 passed by the learned Chairman of the Motor Accidents Claims Tribunal (Main), Surendranagar in MAC Petition No.59 of 1999 whereby and whereunder the liability to pay compensation of Rs.79,900/- with 9% interest and proportionate costs is fastened on the appellant insurance company jointly and severally with respondents nos.2 and 3 after establishing its claim for the recovery of the said amount.

(2.) The facts in nutshell, necessary for the disposal of the appeal are that on 25.11.1998 Respondent No.1 along with others was travelling in tractor-trolley belonging to respondent no.2 and driven by respondent no.3 and was going to the field to load cotton seeds in the tractor. En route to the filed, at the place of the accident, the tractor turned turtle and respondent no.1 received injuries. At the relevant time, tractor-trolley was insured with the appellant-insurance company under Farmers Package Policy. Respondent no.1, therefore, filed MAC Petition No.59 of 1999 to recover compensation of Rs.2,00,000 from the appellant and respondents nos.2 and 3.

(3.) The appellant-insurance company entered its appearance and resisted the claim petition by filing a written statement exhibit 20 and disowned the liability to pay the compensation on the ground that the risk of the person travelling with the tractor-trolley is not required to be covered and the Driver was not holding the valid driving licence to drive the vehicle. The learned Chairman of the Motor Accidents Claims Tribunal (Main), Surendranagar by the impugned judgment and award, after considering the two- fold objections, namely, the Driver was not having valid and effective driving licence at the time of the accident and that under the policy, the risk of only Driver was covered and the risk of persons travelling in the Tractor as labourers or otherwise was not covered without finally adjudicating upon the objections, partly allowed the claim petition and directed the appellant and respondents nos.2 and 3 to pay a sum of Rs.79,900/- with 9% interest to respondent no.1 with a liberty in favour of the appellant to recover the awarded compensation from respondent nos.1 and 2 after establishing its claim for recovery. The appellant insurance company being aggrieved by the liability fastened on it in the impugned judgment and award has preferred the present appeal.