NEW INDIA ASSURANCE CO. LTD Vs. DONGRE SANJEEV

JUDGEMENT

(1.) This appeal is directed against the order dated 31.03.2003 passed in OP No.229 of 1999 on the file of The Motor Accidents Claims Tribunal - cum - Additional District Judge, Adilabad wherein the claim of the respondent herein was allowed awarding a sum of Rs.54,000/- with interest at 9% p.a. from the date of filing of the petition till the date of realization.

(2.) The respondent filed the claim petition before the Tribunal claiming compensation of Rs.1.00 lakh on account of injuries sustained by him in an accident that took place on 29.11.1998. According to him, on that day at about 5.00 PM while he himself was driving his tractor and trailer bearing No.AP 1 T- 3335 and AP 1 T-3336 and coming from Bazarhathnur to Adilabad for loading and unloading of steel pipes along with some labourers, the tractor turned turtle due to the load. The claimant who is the owner -cum- driver of the said tractor and trailer sustained injuries on right ankle, fracture to left radius and multiple injuries on other parts of the body. Initially he was taken to Government hospital, Adilabad where he was treated as an inpatient from 29.11.1998 to 04.12.1998 and thereafter he took treatment privately and spent Rs.10,000/- towards medical expenses. In respect of the said incident, a case in Cr.No.82 of 1998 was registered under Sections 337 and 338 of IPC against the driver-cum-owner of the said tractor and trailer i.e. respondent herein.

(3.) The appellant herein i.e. the insurance company filed counter denying the averments made in the claim petition. According to them they have no liability to compensate the claimant as he himself is the owner and also driver of the offending vehicle at the time of accident, and the policy does not cover the risk of owner or the driver of the vehicle, which involved in the accident.