MAMTABAI PATIDAR Vs. ISMAIL KHAN

JUDGEMENT

(1.) Both these appeals are arising out of the award dated 22nd December, 2009, passed by the II Member, Motor Accident Claims Tribunal, Shajapur, in Claim Case No. 28/2009. Misc. Appeal No. 841/2010 has been filed by the claimants while Misc. Appeal No. 540/2010 has been filed by the owner and driver assailing the finding of exoneration of the Insurance Company though there was insurance of the offending vehicle. It was the case of the claimants that the driver of the tractor No. M.P. 42-A-0799 ploughing the field of deceased Kishore. At that time deceased along with Zahid was standing on the bank of the said field. The said tractor dashed Kishore and overturned wherein Kishore was died. It is said that he was having huge agricultural land and earning from it, however, compensation to the tune of Rs. 15,00,000/- was claimed by filing the claim petition under section 166 of the Motor Vehicles Act.

(2.) The owner and driver by filing their written statements had denied the accident inter alia contending that the driver was possessing the valid driving licence and the vehicle was insured with the Insurance Company, however, indemnifying the liability, if any, the Insurance Company ought to pay the amount of compensation. In the written statement of Insurance Company it was stated that the driver was not possessing the valid driving licence and there was a violation of the terms and conditions of the policy, therefore, the Insurance Company is not liable to pay the amount of compensation. It is also contended that as per the report of the Investigator as well as the FIR the deceased was sitting on a tractor along with Zahid and due to overturn of the said tractor Kishore died. In such circumstances there was a violation of the terms and conditions of the policy, therefore, the Insurance Company is not liable to pay the amount of compensation.

(3.) Learned Claims Tribunal believing the contents of the FIR (Ex. P-1) and disbelieving the statement of the lodger of the FIR namely Ritesh Patidar (AW-3) held that the accident has taken place when the deceased was sitting on a tractor which was overturned., however, treating it to be a violation of the terms and conditions of the policy, exonerated the Insurance Company and liability to pay compensation has been fastened against the owner and driver. The Claims Tribunal calculated the amount of compensation accepting the earning of the deceased Rs. 3,000/- per month after deducting 1/3rd towards personal expenses and applying the multiplier of 17 by adding Rs. 57,000/- in conventional head making the total sum of compensation Rs. 4,65,000/-.