MANGLESH CHIRONJI NAMDEO Vs. JAYKISHAN

JUDGEMENT

(1.) The case of the claimant is that on 29/3/2002 when he was working in the tractor bearing No. M.P. 08F 5819 in the field. The tractor was attached with the thresher. An accident occurred and the left hand of the claimant was injured. He was admitted to Padhar hospital where his left hand was amputated from the wrist. Therefore, the instant claim petition was filed seeking for compensation.

(2.) The Tribunal by the impugned award granted Rs.1,07,000.00(One Lakh and Seven Thousand only) to the claimant and held the owner of the thresher to be liable to satisfy the award. Questioning the same, the owner is in appeal. The plea of the appellant is that the insurer is liable to satisfy the award. That he is the owner of the tractor as well as thresher and therefore, the insurance policy covers both the vehicle as well as thresher.

(3.) The learned counsel for the insurer on the contrary contends that these are two different machines altogether. One is a tractor which has been insured, the other is thresher, which has not been insured. Even though the appellant is the owner of the thresher, he has failed to obtain an insurance policy for the same. The evidence of the administrative officer (NW-2) would clearly indicate that the thresher was not insured. In the absence of insurance of thresher, the owner becomes liable to satisfy the award.