NATIONAL INSURANCE CO LTD Vs. RAMKALIBAI

JUDGEMENT

(1.) THIS appeal is filed by the insurance company against the award dated 19.9.2008 passed by the Member, M.A.C.T., Shujalpur District, Shajapur, whereby learned Tribunal awarded a sum of Rs. 1,77,000 as compensation to the respondent Nos. 1 and 2 and exonerated the appellant insurance company, but directed it to pay the amount of compensation to the respondent Nos. 1 and 2 and thereafter recover the same from the respondent Nos. 3 and 4, i.e., owner and driver of vehicle.

(2.) THE learned counsel for the appellant submits that at the time of the accident on 12.5.2006, the tractor-trolley bearing registration No. MP 42-M 0340 was registered for agricultural purposes. The deceased Radheshyam was travelling in the tractor- trolley as gratuitous passenger and in view of law laid down by the Full Bench of this court in the case of Bhav Singh v. Savirani, 2008 ACJ 1043 (MP), the insurance company has rightly been exonerated from paying the compensation to the claimants, but the learned Tribunal committed a legal error in directing the insurance company to pay the amount of compensation and to recover the same from the owner of vehicle.

(3.) AS per statement of Hemraj, NAW 1, it is very clear that deceased Radheshyam was working with him as labourer and their main work was to lift the sand from river bed. He nowhere stated that construction of well is going on in the agricultural field of the owner and the finding recorded in paras 8 and 9 of the impugned award is just and proper because the tractor was plying in violation of terms and conditions of insurance policy. This question is considered by the Full Bench in the case of Bhav Singh, 2008 ACJ 1043 (MP) and in view of law laid down by the Apex Court in the case of Parvathneni, MACD 2009 (SC) 552, this court is of the view that the learned Claims Tribunal committed an error in directing the insurance company to pay the amount of compensation and recover the same from owner and driver of the vehicle.