UNITED INDIA INSURANCE COMPANY LIMITED Vs. BAJANTI BAI

JUDGEMENT

(1.) This order shall also govern the disposal of M.A. No. 797/07 and C.R. Nos. 106/07 and 107/07 as in all the cases impugned award is dated 4th May, 2007 passed by V Additional MACT (Fast Track), Morena in Claim Case Nos. 13/06, 14/06, 207/06 and 210/06.

(2.) In all the cases accident occurred because of rash and negligent driving of respondent No. 4 who was driving the offending vehicle bearing registration No. MP/06-JB/2517 on 21st July, 2005.

(3.) Learned Counsel for the appellant submits that the offending vehicle was insured for agricultural purposes and the learned Tribunal has also found that the offending vehicle was insured for agricultural purpose. It is submitted that the persons involved who are claimants and legal representatives of deceased were travelling in the said vehicle. It is submitted that the learned Tribunal has also found that since the offending vehicle was issued for agricultural purposes, therefore, the appellant Insurance Company is not liable for payment of compensation. It is submitted that in spite of that learned Tribunal directed that the appellant Insurance Company shall pay and recover the same from the respondent Nos. 4 and 5. It is submitted that in the facts and circumstances of the case, there was no justification on the part of learned Tribunal in giving such direction. For this contention reliance is placed on a decision in the matter of Raj Bai v. New India Assurance Co. Ltd., 2008 ACJ 2017, wherein Tribunal exempted Insurance Company from liability, but in appeal High Court directing for pay and recover, Hon ble Apex Court has held that it is not permissible. Further reliance is placed on a decision in the matter of Iffco Tokio General Insurance Co. Ltd. v. Shankarlal, M.P.C.D.,2008 2 MP 673, wherein a case of breach of condition of policy, this Court has held that Insurance Company is not liable for payment of compensation. On the strength of aforesaid position of law and the facts and circumstances of the case, learned Counsel submits that both the appeals and petitions be allowed and the impugned award may kindly be modified.