BHAIYALAL Vs. NEW INDIA INSURANCE CO LTD

JUDGEMENT

(1.) Appellant by Shri Ashok Chakraworthy, Advocate. Respondent No. 1 by Shri Harpreet Ruprah, Advocate. None for the respondents No. 2 and 3.

(2.) The facts leading to the present case are that the claimants filed claim application before the Tribunal claiming the amount of compensation for the injuries sustained by the deceased Rajesh. It was submitted in the claim application that the tractor bearing Registration No. MP28-E-0953 and Trolley No. MP28-E-0954 were hired by the deceased Rajesh carrying the bags of wheat from his field and fare was settled to Rs. 150/-. In the tractor about 30-32 bags of wheat was loaded and said tractor was driven by driver Bhaiyalal rashly and negligently. It was also in the claim application that Rajesh told the driver that he will go to the village and bring certain persons to load the tractor and trolley but the driver of the vehicle has not agreed. It was also stated that there was a jerk in the tractor. With the result the bags of wheats fell down on the deceased Rajesh resulting into the accident and his death.

(3.) The tribunal held that the wheat were carried from field to the house though the tractor was hired but the tractor was used for the agriculture purposes and therefore the insurance company is liable to indemnify the claim for compensation. In the present case before the tribunal the insurance company has not examined any witness.