NATIONAL INSURANCE CO LTD Vs. PREMA BAI

JUDGEMENT

(1.) THIS appeal is filed by the appellant insurance company, challenging the award dated 6. 8. 2002 passed by the Motor Accidents Claims Tribunal, morena in Claim Case No. 129 of 1998, whereby learned Tribunal held that the insurance company is liable to indemnify the award.

(2.) LEARNED counsel for the insurance company submitted that insurance company is not liable to indemnify the insured in the given facts of the case. The deceased was travelling in the trolley attached with the tractor. He was sitting on the trolley. On 16. 5. 1998 at about 6 a. m. deceased rustam Singh was travelling in the tractor bearing registration No. MP 06-J 4395. No sooner the tractor reached near the village bhadawali at Porsa-Ater Road, due to rash and negligent driving by the tractor driver, respondent No. 7, the tractor-trolley overturned. Due to the said accident, deceased was badly injured and died on the way to porsa Hospital. The Claims Tribunal gave a finding that at the time of accident, the tractor-trolley was carrying passengers to attend the wedding and deceased Rustam singh was one of the members of the said barat. The Tribunal awarded Rs. 1,44,900 as compensation to the legal heirs of the deceased and held that the owner, driver and the insurance company are jointly and severally liable to pay the said amount of compensation. Learned Tribunal further held that insurance company is entitled to recover the amount of compensation from the owner of the tractor, i. e. , respondent no. 6.

(3.) LEARNED counsel for the appellant submitted that the tractor which was insured for agricultural purpose was used for carrying the barat contrary to the terms and conditions of insurance policy. Anek singh, AW 1, has deposed that the tractor was carrying passengers as barati and his father was sitting on the tractor. He also stated that the tractor-trolley was carrying goods and utensils. He in paras 6 and 7 of his statement very specifically stated that the trolley was carrying the goods like utensils and bags of wheat, which were given as dowry to the bridegroom and all the baratis of the marriage party were returning in the said tractor. Learned counsel for the insurance company, therefore, submitted that the insurance company is not liable to indemnify the insured. In support of his contention, he placed reliance on the decision of the Apex Court in the case of national Insurance Co. Ltd. v. V. Chinnamma, 2004 ACJ 1909 (SC ). The Apex court in the decision in V. Chinnamma's case (supra) has held that tractor was meant to be used for agricultural purposes and the tractor and trailer, therefore, as it was carrying vegetables owned by a businessman, were not being used for agricultural purposes. It was in the above circumstances, the coverage of the insurance was declined in that case relying on New India Assurance Co. Ltd. v. Asha Rani, 2003 ACJ 1 (SC), especially when the accident was before 14. 11. 1994.