NATIONAL INSURANCE CO LTD Vs. JAGDISH

JUDGEMENT

(1.) THIS appeal is by the insurance company, whereby the insurance company has challenged the entire award and argued that no accident took place by the offender vehicle. There is no evidence regarding rash and negligent driving by the driver and insurance company is not liable to indemnify the insured. Counsel for the appellant submitted that quantum is on higher side.

(2.) COUNSEL for appellant submitted that according to the claimants the deceased was travelling in a tractor and the tractor was insured and premium was paid for the tractor driver. Tractor has sitting capacity of driver alone in the tractor. He submitted that risks of every person travelling on tractor is not covered by insurance policy and such driving by the owner of the vehicle is in violation of Section 149 of the Motor Vehicles Act. He submitted that insurance company is not liable to indemnify the insured.

(3.) THE learned counsel for the appellant then invited our attention to the deposition of PW 5 Ghamandilal. This witness has deposed that the tractor was driven by the owner of the tractor in a rash and negligent manner and on account of rash and negligent driving deceased fell from the tractor. In the cross -examination this witness has admitted that he was sitting in the trolley whereas deceased was sitting on a tractor and he alighted from tractor at Morena. He did not inform anyone about the accident and went home. Counsel for the appellant submitted that this witness has not seen the accident and he is a reliable witness. The said tractor was not involved in the accident.