NEW INDIA INSURANCE CO LTD Vs. CHHANDI KHANGAR

JUDGEMENT

(1.) This order shall also govern the disposal of Misc. Appeal No, 742 of 1998 (New India Assurance Co. Ltd. v. Nanhi Bai).

(2.) On 26.12.1993 at 5.30 p.m., Om Prakash Khangar and Babu Lal Kori, who were labourers and were travelling in a tractor bearing registration No. MP 15-D 1583, died on account of accident due to rash and negligent driving of the tractor. The heirs of both the deceased persons have filed separately claim petitions, being Claim Case No. 1 of 1994 and Claim Case No. 2 of 1994, which were decided by a common award dated 11.2.1998 by the 1st Additional Motor Accidents Claims Tribunal, Tikamgarh. The Claims Tribunal had granted the claim for a total sum of Rs. 1,94,000 to Chhandi Khangar on account of death of Om Prakash Khangar in Claim Case No. 1 of 1994 and also granted the claim for a sum of Rs. 1,62,000 to Nanhi Bai on account of death of Babu Lal Kori in Claim Case No. 2 of 1994. This award is the subject-matter of challenge by means of two separate appeals at the behest of the New India Assurance Co. Ltd., i.e., Misc. Appeal No. 741 of 1998 which relates to Claim Case No. 1 of 1994, and Misc. Appeal No. 742 of 1998, which relates to Claim Case No. 2 of 1994.

(3.) The learned counsel for the appellant has made two-fold submissions first, the driver of the tractor, who was driving the tractor at the relevant time, was minor and was not possessed of the valid licence on the terms and conditions of the insurance policy and the second submission was that the tractor, which was used for agricultural purposes, was carrying gitti and also the deceased persons as labourers, which was in violation of the terms and conditions of the insurance policy.