UNITED INSURANCE COMPANY Vs. SHANKUNTALA WD/O YASHWANT

JUDGEMENT

(1.) THIS is an appeal by the Insurance Company feeling aggrieved by the award passed by the Motor Accident Claims Tribunal.

(2.) THE facts giving rise to the appeal are as follows The deceased was a Government servant. On the date of the incident, the deceased was posted at village Maregaon. He was, however, transferred from Maregaon to Chandrapur and was relieved on the same day on which the accident had taken place. He was relieved on 19/10/1993. He, therefore, wanted to go to Chandrapur. On his way, he found one tractor which was going to Chandrapur. He asked the tractor driver whether he could be carried in the trolly to Chandrapur. The driver of the said tractor-trolly agreed to carry the deceased to Chandrapur. The said tractor was carrying rice. The said tractor met with an accident in which the deceased Yashwant Gandate suffered injuries and died. His widow and children filed an application for claiming compensation. The tractor is owned by respondent no.2 and was being driven by respondent no.1. It is alleged that the same was insured with respondent no.3.

(3.) THE learned Judge of the Tribunal rejected the contention of the Insurance Company that the Insurance Company was not liable to pay the compensation and passed an award of Rs.88,184/-. Feeling aggrieved thereby, this appeal has been preferred.