GANDHAM NAGESH Vs. POKALA NAGESVTARA RAO

JUDGEMENT

(1.) In an accident that occurred on 15-11-1984 at about 9-20 a.m. one Pokala Sithamahalakshmi died due to the rash and negligent driving of the tractor by its driver. The husband and sons of the deceased filed the claim petition. On a consideration of the entire material on record, the Tribunal awarded a total compensation of Rs. 28,000/- as against the driver and owner of the tractor and dismissed the claim as against the Insurance Company. Aggrieved against the said order, the owner of the tractor alone has filed the present appeal claiming that the Insurance Company is liable to pay the amount as the vehicle was validly insured.

(2.) Unfortunately, in this case, the vehicle was insured with the Insurance Company on 15-11-1984 at 10-10 a.m. onwards under the insurance policy, E-. B-1, whereas the accident took place on the very same day. In such circumstances, the intention of the insured has to be taken into consideration.

(3.) In this connection it is apposite to note Section 96 (2) (c) of the Motor Vehicles Act, 1939 which reads as follows :