RAJABETI Vs. RAMSHRI

JUDGEMENT

(1.) This appeal is filed at the instance of owner and driver of the vehicle involved in an accident dated 26.11.1996 under section 173 of the Motor Vehicles Act, challenging the award dated 3.2.1998, passed by the Motor Accidents Claims Tribunal, Gohad, District Bhind, M.P. in Claim Case No. 7 of 1997.

(2.) The facts of the case are that the appellant No. 1 is owner and the appellant No. 2 is the driver of the tractor No. MP 06-J 8451. On 26.11.1996, Ram Charan was travelling in the said vehicle. He was sitting on the edge of the trolley. He fell out of the tractor and was run over. He died in the said accident, hence his heirs, i.e., respondent Nos. 1 to 5 filed a claim petition for compensation. The Claims Tribunal found that the claimant himself was negligent and the negligence of the driver is not found proved. The Claims Tribunal, therefore, awarded Rs. 50,000 towards no fault liability to the claimants with interest at the rate of 12 per cent per annum.

(3.) The Claims Tribunal exonerated the insurance company on the ground that the vehicle in question was an agriculture vehicle and was used for non-agriculture purpose, contrary to the terms of the insurance policy. The second ground on which the insurance company is exonerated is that, on the date of accident, the driver of the vehicle has no valid licence.