NEW INDIA ASSURANCE COMPANY LTD Vs. BALLO BAI

JUDGEMENT

(1.) THIS appeal has been filed by the Insurance Company questioning its liability to pay the compensation.

(2.) ON 20/4/2009, the claimant respondent No.1 had been travelling in a trolley attached with a tractor bearing No. MP 38 B 1382 along with other persons to have a darshan of Tarawali Devi. When she was returning back, the tractor trolley dashed with another tractor and in the aforesaid accident, the claimant suffered grievous injuries. The Claims Tribunal awarded a compensation and held that because the tractor trolley was insured with the Insurance Company, it has severally and jointly liable to pay the compensation.

(3.) THE appellant Company raised a defence before the Claims Tribunal that the tractor trolley were registered for agriculture purpose and in accordance with the insurance policy, the Company is not liable to pay the compensation if the tractor trolley was being used for any other purpose. A policy has been filed before the Claims Tribunal. In accordance with the aforesaid policy, the tractor attached with a trolley was insured for a period w.e.f. 28/02/2009 to 27/02/2010. It is mentioned in the insurance policy that it was issued with a condition that the vehicle shall be used for agricultural and forestry purpose only. It is further mentioned in the policy that this policy does not cover; use of hire or reward or for racing pace making reliability trial or speed testing; use for the carriage of passengers for hire or reward and use whilst drawing a greater number of trailers in all than is permitted by law.