NEW INDIA ASSURANCE CO LTD Vs. RAGUNATH

JUDGEMENT

(1.) The award of compensation for death of deceased travelling in the tractor owned by his employer, owner of the tractor, is subject of challenge by the Insurance Company.

(2.) The Counsel for the appellant/Insurance Company would urge, the finding of coverage of Insurance Company of the deceased or a passenger is perverse, not supported from the document. The Award, according to the Counsel for the Insurance Company, is since in breach of terms of policy, Ext. 26, the Insurance Company is exonerated.

(3.) The Counsel took recourse to the judgment of the Hon'ble Supreme Court in the matter of National Insurance Company Ltd. v. Cholleti Bharatamma & Ors., 2008 1 SCC 423, and also to earlier judgment of Hon'ble Supreme Court in the matter of New India Assurance Company Ltd. v. Vedwati, 2007 3 AllMR 312. Based on these judgments, according to Counsel for the Insurance Company, the findings recorded need interference.