NEW INDIA ASSURANCE CO LTD Vs. GANDIGI DEVADAS

JUDGEMENT

(1.) Both appeals arise out of a common accident. M.A.C.M.A. No. 3405 of 2011 is filed against the award in O.P. No. 189 of 2002 and M.A.C.M.A. No. 3648 of 2011 is against the award in O.P. No. 191 of 2002 on the file of the Court of II Additional District Judge, (FTC), Medak. A claim for compensation in both the cases were made for a sum of Rs. 1 lakh consequent on the death of the persons-Gandigi Premdas and A. Ramesh. According to the claimants, who are the dependents, on 17-12-2001 the deceased and others were engaged as labourers by the owner of the Tractor and Trailer bearing No.MEP 3028 and 3029 to fill the water in the tanker and they sat behind the Tanker. Due to the rash and negligent driving of the Tractor, it turned turtle and the deceased persons also fell down. The loaded tanker fell on the deceased persons, as a result of which, the deceased succumbed to injuries. The deceased were also said to be students and they were said to be earning as labourers.

(2.) The second respondent is the Insurance Company who filed the appeal contended that there is a violation of the conditions of the policy since Tractor and Trailer are not properly insured and even if there is an insurance it shall be used only for agricultural purpose. The deceased persons are unauthorised persons travelling in the said Tractor and Trailer and consequently there is no liability. The Tribunal below did not accept the contentions and granted compensation of Rs. 90,000/- in O.P. No. 189 of 2002 and Rs. 80,000/- in O.P. No. 191 of 2002. Challenging the said award, the present appeals are filed by the Insurance Company.