ORIENTAL INSURANCE CO.LTD. Vs. CHHATRA PAL

JUDGEMENT

(1.) This appeal under Section 173 of Motor Vehicles Act, 1988 has been filed by Oriental Insurance Co. Ltd. against Chhatra Pal and two others against judgment and award dated 19.04.2000, passed by IVth Additional District Judge/Motor Accident Claims Tribunal, Aligarh in Motor Accident Claim Petition No. 231 of 1997, between Chhatra Pal Vs. Bhagwati and another, with this contention that Tribunal failed to appreciate the facts and law placed before it.

(2.) The award was illegal, arbitrary, erroneous and against the evidence on record, hence liable to be set aside. The tractor, which was insured for agricultural purposes, was being used for carrying passengers, which was in clear contravention of the terms and conditions of the Insurance Policy, therefore, the insurer of the tractor could not be held liable to indemnify the owner of the tractor in making payment of compensation. At the time of accident, the tractor was being used with a trolley attached to it, in which passengers including the deceased were sitting, which was a clear breach of the terms and conditions of Insurance Policy, therefore, the Insurance Company could not be held liable for making payment of damages. Para 20 and 21 of the written statement filed by Insurance Company was with this contention that the vehicle in question i.e. tractor was being plied in contravention of the Motor Vehicle Act as well as terms and conditions of the insurance policy and that risk of passengers, who were travelling in the trolley, attached with the tractor, was not covered by the Insurance Policy, but the learned Motor Accident Claim Tribunal neither framed any issue on the point nor gave any finding to this effect, hence on this ground the impugned award is wholly erroneous and liable to be set aside. In any case, the trolley which was attached with the tractor, was neither insured with the appellant Insurance Company nor any insurance premium of the same has been paid, therefore, the appellant Insurance Company could not be held liable to make payment of compensation. The finding of the learned Motor Accident Claim Tribunal that the driver of the vehicle in question had valid and effective driving licence, at the time of accident, was not based on any evidence on record, hence the finding of Tribunal to this effect is wholly erroneous and liable to be set aside. The finding of learned Motor Accident Claim Tribunal, on the question of rash and negligent driving of the vehicle in question, by its driver, is wholly erroneous and not based on any evidence on record. The income calculated by the Tribunal was with no evidence. The award was based on the conjectures and surmises and an amount of Rs.76,000/- was awarded. The income was presumed to be Rs.15,000/- per annum that too without any evidence on record. Hence, this appeal.

(3.) The claim petition was filed by Chhatra Pal against Bhagwati and one other for grant of compensation for death of his wife Late Smt. Basanti Devi, occurred in a tractor accident on 07.03.1997. Smt. Basanti Devi, along with others, was boarding in tractor registration No. UP81-C-8763 and was on her way for picking potatoes from the field. This tractor was being driven by Ajay Kumar, when tractor reached near Rajpur turn, the same met with an accident because of rash and negligent driving by Ajai Kumar and the labourers sitting in it were got injured. Basanti Devi received grievous injuries and died out of it. She was of good health. She was earning Rs.60-70/- per day. The claimants suffered because of this death.