UNITED INDIA INSURANCE CO LTD Vs. KAMODI BAI

JUDGEMENT

(1.) This appeal by the insurance company is against the award dated 7.2.2005 passed by the Third Additional Motor Accidents Claims Tribunal, Ujjain in M.V.C. No. 28 of 2004. By the impugned award for the death of Shyama in an accident arising out of use of motor vehicle in a public place, Claims Tribunal assessed and awarded total sum of Rs. 1,70,000 (rupees one lakh seventy thousand) as compensation payable to legal representatives of the deceased. The driver and owner of the vehicle remained ex parte before Claims Tribunal whereas the appellant insurance company contested the claim denying its liability to pay compensation. Overruling the objection of the insurance company learned Claims Tribunal has fastened the liability jointly and severally on the driver, owner and the appellant insurance company. Hence this appeal by the insurance company.

(2.) At the outset, it may be stated that there is no cross-appeal or cross-objection for enhancement. Learned counsel appearing for the appellant also submitted that the quantum of compensation determined and awarded by the Claims Tribunal is not under challenge in this appeal. It is confined only to the limited question of liability of the insurance company to pay the compensation either jointly or severally.

(3.) In order to appreciate the controversy, relevant facts in brief are as under: On 7.10.2003 deceased Shyama was travelling as gratuitous passenger on the tractor belonging to respondent No. 5. It was being driven by the respondent No. 4. Shyama who was sitting on mudguard due to jerks, fell down and wheel of tractor ran over him leading to his death on the spot. Claimants, who are widow and children of the deceased Shyama, filed a claim petition against the owner, driver and the appellant claiming compensation. Suffice it to say that learned Claims Tribunal appreciating evidence with regard to income and age and other relevant factors, assessed the total amount of compensation at Rs. 1,70,000 and held that appellant along with owner and driver of the tractor, were jointly and severally liable to pay compensation to the claimants together with interest. Learned Claims Tribunal fastened the liability on the insurance company holding that the insurance company failed to prove that at the time of accident, tractor was being used for non-agricultural purpose when Shyama met with his tragic end.