RAJESH Vs. BAHADUR

JUDGEMENT

(1.) ALL the three appeals arise out of the same accident, therefore, they are decided by this common order.

(2.) CLAIMS Tribunal held that the Insurance Company is not liable to indenmnify the insured. Counsel for the appellants submitted that these appeals are filed for enhancement of compensation and for the liability of the Insurance Company to indemnify the insured.

(3.) CLAIM petitions have been filed by the legal representatives of Ramprasad, Birbal and Munnidevi. In the evidence, witnesses have deposed that number of passengers were travelling in the trailor. Tractor was insured for agricultural purpose only. Passengers were fare-paying passengers and they have paid fare for travelling in the tractor and they were not carrying any goods with them. Eye- a witnesses have deposed that they had gone to attend a ceremony of "Bhat" and they were returning back to their village in the trolley of the tractor after payment of fare. In view of the aforesaid statement of witnesses, Claims Tribunal has held that since trailor is essential a goods carrier and the vehicle was a goods carrier, therefore, insurer is not liable to indemnify the insured.