ORIENTAL INSURANCE COMPANY Vs. JANPAT

JUDGEMENT

(1.) THE issue for determination in this appeal at the instance of the Insurance Company, the insurer of the offending tractor is whether, the Claims Tribunal is justified in holding it liable for compensation in lieu of death of Ramjas Patel when the fact borne out from the record reveals that the deceased was travelling in a trolley at the time when the accident occurred.

(2.) FACTS briefly are that, on 7-5-2004 respondent No. 5 while driving tractor and trolley bearing registration No. MP-19-D/7276 and MP 19-H/0362 belonging to respondent Nos. 5 and 6 respectively, from Uchhera to Poddi carrying straw and grain on his way allowed 7-8 persons who were going to join barat to board the tractor.

(3.) THE Claims Tribunal while deciding the issue as to whether there was a breach of policy held that, since the offending vehicle was not used for the purpose of carrying passenger but the grain and straw was being carried, there was no breach of policy.