NATIONAL INSURANCE COMPANY LIMITED Vs. BALAJI PANDHARI SHRIRAME

JUDGEMENT

(1.) Present appeal has been filed by the original respondent No.2- insurance company challenging Judgment and Award passed by learned District Judge-4 and Ex-Officio Member of Motor Accident Claims Tribunal, Nanded in M.A.C.P. No.656/2004 dated 09.12.2011, whereby the insurance company has been held, jointly and severally, liable to pay compensation along with respondent No.1 to the claimants.

(2.) The claimants are the parents of deceased Madhav who met with an accident and expired when he was travelling from the mudguard of Tractor bearing No.MH 26/C-9288 and Trolly bearing No.MH 26/C-8727 towards Manjari for loading fertilizer at about 9.00 a.m. On 29.05.2004. The driver of the tractor has been prosecuted by police. Madhav was working as a labour and thereby earning Rs.100/- per day.

(3.) The petition has been resisted by respondent No.1 and respondent No.2 by filing their separate written statements. The owner of the truck i.e. respondent No.1 admitted that deceased was working on his tractor as labour, however, it is contended that the claim is exorbitant and his vehicle was insured with respondent No.2 on the date of the accident. The insurance company denied the age, occupation and income of the deceased. The allegation, that the accident had taken place due to negligence on the part of the tractor driver has been denied. It has been contended that deceased was sitting on the head of the tractor and therefore, he himself was responsible for the accident. The statutory defence challenging its liability to pay compensation has also been taken.