UNITED INDIA INSURANCE CO LTD Vs. SHIVNATHI

JUDGEMENT

(1.) The final hearing of the cause list has been revised. Mr. Vipul Kumar, learned counsel for the appellant, is present. None appears on behalf of the respondents.

(2.) This first appeal from order has been filed against the award dated 17.1.2004 in Motor Accident Claim Petition No. 418 of 1993, Shivnathi v. Narmada Prasad passed by the Motor Accidents Claims Tribunal/ Additional District Judge, Court No. 17, Allahabad, at the instance of United India Insurance Co. Ltd. Permission under sec-tion 170 of the Motor Vehicles Act was granted by the Tribunal on 9.8.2000.

(3.) Mr. Vipul Kumar, learned counsel for the appellant, has referred to the find-ings recorded by the Tribunal on issue No. 1 and states that the finding was that the deceased Bhawar Singh was travelling on the bonnet of the tractor, when the accident occurred and he was found to have come under the wheels. He states that a tractor is used only for agricultural purposes and no passenger can sit on the bonnet and, therefore, the Tribunal having not found the reason of death to be due to rash and negligent driving by the driver of tractor has awarded compensation under section 140 of the Motor Vehicles Act. According to him, the insurance company could not be made liable under the aforesaid provi-sion, which provides that the liability is to be of the owner or owners of the vehicles. Learned counsel for the appellant has fur-ther stated that the Tribunal has committed an illegality in not giving the right to the insurance company to recover the amount of compensation from the owners.