ORIENTAL INSURANCE CO LTD Vs. GANGA DEVI

JUDGEMENT

(1.) This appeal is directed against the award of the Motor Accidents Claims Tribunal dated 30.10.2001 awarding a total sum of Rs. 2,47,700 as compensation to the claimants-respondents.

(2.) The claim petition was filed with the allegations that on 13.6.1996 at about 7.30 a.m. the deceased Jagram, the husband of respondent No. 1 was travelling in tractor No. UP 92-1098 along with one Ghana-ram. Tractor was loaded with the cement poles and aluminium wire for the purpose of installation of electric connection to be installed on the tube-well of the deceased through electricity department. The tractor, due to negligent driving of the driver, overturned, on account of which the deceased received serious injuries resulting into his death. He was aged about 32 years and was working on the post of supervisor in a steel factory at New Delhi and was earning Rs. 2,500 per month. He died leaving behind him, his widow and three minor children.

(3.) The claim petition was contested by the appellant on various grounds. It was contended that the tractor was to engage itself only for agricultural purposes and not for carrying goods and it was a breach of the term of the insurance policy and, therefore, the appellant was not liable to pay any damages so as to indemnify the owner of the tractor.