JUGAL KISHORE Vs. RAMLESH DEVI

JUDGEMENT

(1.) BOTH these appeals are disposed of by the common order. Misc. Appeal No. 138/99 is filed by the claimants for enhancement of compensation and further praying that Insurance Company be held liable for payment of compensation and Misc. Appeal No. 44/99 is filed by the owner praying therein that owner is not liable to pay compensation and if there is any liability it is that of Insurance Company jointly and severally with the owner. Insurance Company submitted that in the facts of the case Insurance Company is not liable to indenmify the insured.

(2.) BRIEF facts of the case are that the deceased Pancham has hired a tractor bearing registration No. MP06 J 7522 for carrying stones in the trolly attached to the said tractor. On 23.5.1996 tractor was being driven by respondent No. 2 Ramesh. Tractor was driven in a rash and negligent manner and after a truck dashed against the front wheel, Pancham Singh fell on the ground from the trolly and stones of trolly fell upon him, which resulted into his death. In the reply owner has submitted that the driver of vehicle is not impleaded as a party and owner is not liable to pay compensation. Insurance Company submitted that the tractor was being used for hire and reward, therefore Insurance Company is not liable to indemnify the insured and application against Insurance Company be dismissed.

(3.) ON this evidence counsel for owner of the tractor submitted that in the absence of any negligence on the part of the driver of the tractor, no liability can be fastened upon the owner of the vehicle. In the absence of any negligence owner is not liable to pay any compensation.