CHOLAMANDALAM MS GENERAL Vs. NAGINA DEVI

JUDGEMENT

(1.) Heard Sri Pranjal Mehrotra, learned counsel for the appellant, Sri Santosh Kumar Srivastava, learned counsel for the respondent-claimants and Sri Chandra Prakash Mishra, learned counsel for the respondent nos.3 and 4.

(2.) This appeal has been filed by the appellant-Insurance Company being aggrieved of the award dtd. 1/8/2015 passed by learned Motor Accident Claims Tribunal, Court No.5, Kushi Nagar, Place-Padrauna in M.A.C.P. No.100232 of 2013 on the sole ground that tractor having Registration No.U.P. 57-Q-2502 was insured for agricultural purposes and a trolly was attached to the same, when accident took place. It is submitted that there was no separate insurance for the trolly and on this ground Insurance Company has filed this appeal to depute its liability and seeking a direction that liability should be fastend on the owner of the driver of the tractor.

(3.) Learned counsel for the respondent, Sri Santosh Kumar Srivastava, in his turn submits that it has come on record that as has been discussed by the learned Claims Tribunal, that accident took place because of negligence of the driver of the tractor trolly, who had hit the motorcycle on which deceased was travelling from wrong side. It has nowhere been discussed and where evidence was led to the effect that tractor was being used for any purpose other than agriculture at the time of the accident.