MOHAN KUSHWAHA Vs. GHANSHYAM

JUDGEMENT

(1.) The appeal is beyond time by three days.

(2.) Heard Mr. Dinesh Pathak, learned Counsel for the appellants, on the merit of the appeal. The appeal is by the owners and the driver of the Tractor/trolley and is directed against the judgment, order and award of the Motor Accident Claims Tribunal dated 31st May, 2011. The accident took place on 12th March, 2007 on account of over turning of the trolley attached to the tractor. On the claim petition being preferred by one of the injured, the Tribunal awarded compensation of Rs. 40,500. The liability to pay compensation was saddled upon the appellants as the trolley was not insured and the tractor as well as the trolley were being used for carrying passengers i.e. for the purpose other than agriculture.

(3.) The submission of learned Counsel for the appellants is that since the tractor was insured, it was for the Insurance Company to indemnify the compensation.