BHAGWANDAS Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) THIS is an appeal filed by the owner and driver of the tractor bearing registration No. MFS 400 against the interim award dated 15. 4. 1991 made by the 1st Addl. Motor Accidents Claims Tribunal, Barwani, in Claim Case No. 15 of 1990 whereby the learned Tribunal has awarded Rs. 25,000/- to the claimants, Runibai and Bindu, respondent Nos. 2 and 3, on the principle of 'no fault liability' under Section 140 of the Motor Vehicles Act, 1988 hereinafter referred to as 'the Act') in respect of the death of the deceased Shantiram who being a passenger in the tractor died in the accident involving overturning of the tractor on Bijasan Road on 25. 11. 1989.

(2.) THE only question raised in this appeal by the appellants, owner and driver of the tractor, is that the amount of interim award had been directed to be paid by the appellants, owner and driver and not by the insurance company, respondent No. 1, with whom the tractor in question stood insured on the date of the accident. According to the contention of the learned Counsel for the appellants, once it is admitted that the deceased died as a result of the accident with the tractor in question, which admittedly stood insured with the insurance company, respondent No. 1, the learned Tribunal ought to have made an interim award under Section 140 of the Act jointly against the owner and the insurance company. The learned Counsel in support of his submission has placed reliance on a decision of this Court in National Insurance Co. Ltd. v. Savitri Bai 1991 ACJ 540 (MP ).

(3.) THE learned Counsel appearing for the respondent insurance company has submitted that the policy of insurance relating to the tractor in question does not cover the liability in respect of a passenger travelling in a tractor. The learned Counsel has submitted that the statutory requirement for policy of insurance under Section 147 of the Act to cover the liability of insured in respect of a passenger extends to only a passenger travelling in a public service vehicle as per Section 147 (1) (b) (ii) of the Act and not to a passenger travelling in a tractor.