NATIONAL INSURANCE CO. LTD. Vs. RADHABAI

JUDGEMENT

(1.) APPELLANT by Mr. S.V. Dandvate, Advocate. Respondent Nos. 1 to 5 by Mr. G.K. Neema, Advocate.

(2.) LEARNED Counsel for the appellant argued at length and submits that the impugned award is incorrect, illegal and deserves to be set aside. Learned Counsel submits that it is true that the appellant/Insurance Company has covered the risk of two employees under the policy but since deceased Mukesh was travelling on the bonnet of the tractor which cover the engine and is not meant for sitting purpose, therefore, learned Tribunal committed error in holding the appellant/Insurance Company liable for payment of compensation. Reliance is placed on a decision in the matter of Royal Sundaram Alliance Co. Ltd. v. Eshwar, reported in I : (2009) ACC 286 : 2008 (5) M.P.H.T. 45, wherein a person travelling on the engine of a tractor, falling and dying the Chhattisgarh High Court has held that the Insurance Company is not required statutorily under Section 147(1) of the Motor Vehicles Act to cover the risk of such a person. There was also a fundamental breach of the policy of assurance, hence, no liability can be fastened on the Insurance Company. Learned Counsel submits that the Claims Tribunal was having no jurisdiction to entertain the claim petition. It is submitted appeal be allowed and the award passed by the learned Tribunal be set aside and in alternative learned Counsel submits that the amount awarded is unjustified. Learned Counsel submits that the learned Tribunal assessed the income of the deceased @ of Rs. 4,000 and after deducting 1/4th towards personal expenses applied multiplier of 17 and awarded Rs. 6,22,000 which is co -higher side.

(3.) IT is submitted that only on this short ground cross -objection deserves to be dismissed. In alternative learned Counsel submits that since the amount is otherwise excessive and on higher side, therefore, cross -objections be dismissed.