PHOOL SINGH Vs. PANKHI

JUDGEMENT

(1.) This appeal is directed against the award of Motor Accidents Claims Tribunal, Panna in Claim Case No. 5 of 1994 dated 20.3.1997.

(2.) Accident took place on 3.1.1993. Tractor-trolley, owned by Phool Singh, driven by Ramlal, met with accident. According to the claimants it happened due to rash and negligent driving of tractor- trolley by the driver. Tractor-trolley was carrying agricultural produce belonging to the owner. It is alleged that trolley tilted and the deceased fell into a ditch and was hit by tyre of the trolley. He died instantaneously. Compensation of Rs. 13,64,000 is claimed since family was dependent on him being the sole bread-earner.

(3.) Insurance company alleges that the tractor-trolley was being used in violation of insurance policy since it was carrying passengers and goods of other persons. As per insurance policy it could not carry any passenger, therefore, insurance company is not liable to pay compensation. Other respondents said that the occupants of the trolley got into it despite refusal by owner and driver. It is admitted that it was full of grain items. Consequently, they are not liable for payment of compensation to the claimants. The Claims Tribunal held that the accident took place as alleged. It also found that the deceased died in this accident and the vehicle was insured. It also found that the deceased did not get into the vehicle despite protest by owner and driver. Accordingly, award of Rs. 1,25,000 is made with interest at the rate of 12 per cent per annum. Owner of tractor-trolley has challenged this award through this appeal. Claimants have also filed cross-objections seeking enhancement of compensation.