ORIENTAL INSURANCE COMPANY LTD. Vs. SHIV KUMAR

JUDGEMENT

(1.) This First Appeal From Order under section 173 of the Motor Vehicles Act, 1988 (For short the "Act") has been preferred by the appellant-insurance company against the judgment and award dated 25.11.2003 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No.4, Lakhimpur Kheri (Hereinafter referred to as the "Tribunal") in Motor Accident Claim Petition No. 87 of 2002 (Shiv Kumar Vs. Shyam Prakash and three others) presented under section 166 of the Act by Shiv Kumar, the claimant for the injuries and disability on account of amputation of left leg near knee joint, whereby compensation of Rs. 1,48,500/- with pendent lite and future interest at the rate of Rs. 6% per annum was allowed.

(2.) The appellant-insurance company has filed the instant appeal on the ground that injured was sitting in a trolley attached with Tractor having registration no. U.P. 31-D/7505. The tractor was not used for agricultural purposes at the time of accident when petitioner sustained injuries. As such, the insurance company, the appellant is not liable to pay the compensation to the claimant. The liability to pay compensation is only of owners of the offending vehicle Chandrabhal (respondent no.2), Sewak Ram (respondents 3) and driver Shyam Prakash (respondent no. 1).

(3.) Heard Shri Anil Srivastava, learned counsel for the appellant, Sri Vimal Kishore Verma, learned counsel for respondents 2,3 and 4 and Shri R.S. Tomar, learned counsel for the respondent-claimant and also perused the record of this appeal as well as the record of the Tribunal.