SONIA BAI GOND Vs. ALOK PANIKA

JUDGEMENT

(1.) This order shall dispose of the two appeals, one filed on behalf of the claimants/legal heirs of deceased Ramkaran, and another is the appeal filed by the Insurance Company. Both the appeals are filed being aggrieved by the award dated 28-9-10 passed by Addl. Member of III Addl. Motor Accidents Claims Tribunal, Beohari, Distt. Shahdol in Claim Case No. 60/09, whereby the learned Tribunal has awarded a sum of Rs. 3,75,000/- on account of death of Ramkaran Singh Gond, to the claimants who are the legal heirs of deceased Ramkaran Singh Gond and fastened the liability to pay the compensation against respondent No. 3-Insurance Company.

(2.) The claimants-legal heirs of the deceased have filed M.A. No. 4745/10 for enhancement of compensation, by submitting that the deceased was having daily income of Rs. 200/- beside annual agricultural income to the tune of Rs. 12,000/-. It is submitted that the amount awarded by the Tribunal is too less, which may be enhanced to Rs. 31,91,000/-.

(3.) So far as the Insurance Company is concerned, it has filed M.A. No. 794/11 for its exoneration from the liability to pay the compensation. It has been submitted that the offending tractor was insured for the agricultural purpose, but at the time of accident the same was being used by the owner for the purpose other than the agricultural. Thus, the terms and conditions of the insurance policy have been violated, therefore, the Insurance Company is not liable to pay the compensation and the liability be fastened against the owner and driver.