ABDUL REHMAN Vs. DEOKIBAI

JUDGEMENT

(1.) THE appeal is directed against the judgment and award dated 3.4.1984 of Member, Motor Accidents Claims Tribunal, West Nimar, passed in Claim Case No. 37/82, whereby the respondent No. 1 has been awarded a compensation of Rs. 12,00/ for the death of her Son Rama with a direction that the same shall be recovered from the appellants and one more person i.e. Ayub Khan s/o Mehtab Khan who was shown as Non-appellant No. 1-A in the claim petition and has not been made party here.

(2.) THE brief history of the ease is that the claimant Deokibai filed a petition with the assertion that on the dale of accident i.e. 29.9.1981, at about 5.30 p.m. her son was travelling in the motor tractor, which was driven by Non-applicant No. 2 Abdul Rehman (appellant No. 1 here) the Tractor was owned by N.A. 1 and N. A. 1-A i.e. Latif Khan and Ayub Khan sons of Mehtab Khan). It was also asserted that because of the rash and negligent driving of the vehicle it turned turtle and thereafter turned up side down. Rama sustained injuries and died in consequence thereof. The claimant further asserted that Rama was aged 15-16 years. and was working as a Milk vendor and that the claimant was depending on her. NAs. denied the claim and fsleaded that Rama was an unwanted passenger and was a trespasser in the trolley to the Motor tractor. The Insurance Company also denied the claim and further pleaded that firstly the driver was not having licence and secondly that the insurance was not for the labours.

(3.) THE contention of she learned Counsel for the appellants is that the Insurance Company is liable for making the payment and that any concession made by the Counsel is beyond the powers vested in him. As against it learned Counsel for the Insurance Company has submitted that the policy cover the risk of Motor Tractor Trolley and the labours employed therein. It does not cover the risk of passenger travelling on the Trolley, it is a different thing that it covers third party. The Counsel for the claimant has simply submitted that he is interested in the recovery of compensation and further prayed that the interest be enhanced from 6% to 12%.