NEW INDIA ASSURANCE CO LTD Vs. BANESINGH

JUDGEMENT

(1.) Insurance company is not satisfied with the impugned award fastening liability on it by learned Member of Tribunal and hence it is in appeal. The impugned award is dated 6.8.1996 in Claim Case No. 26 of 1990. Facts in brief are: On 14.1.1988 Makhan, who was the husband of respondent No. 3 and son of respondent Nos. 1 and 2, met with an accident when he was crushed by one tractor No. MPU 5391 and succumbed to the injuries. He was sitting on the bonnet of tractor which was owned by respondent No. 4 and driven by respondent No. 5. The claimants claimed compensation for the death of Makhan.

(2.) The defence of insurance company which alone is relevant for the disposal of this appeal was that no liability can be fastened on the insurance company because the tractor in question was insured with them only for a particular purpose and secondly the policy in question, Exh. D-1, did not include the risk of unauthorised person sitting on the bonnet of tractor. According to insurance company, at best such person could be termed as gratuitous passenger and hence risk of such person was not covered in the policy in question.

(3.) By the impugned award, the learned Member of Tribunal decreed the claim of the claimant and passed an award jointly and severally against owner/driver as also against insurance company. It is this finding making the insurance company liable which is challenged in appeal.