DIVISIONAL MANAGER,ORIENTAL INSURANCE CO.LTD. Vs. SARITA

JUDGEMENT

(1.) The present appeal has been filed by the Insurance Company on the ground that it is not liable to pay compensation as there was no valid driving licence with the driver of the tractor at the time of the accident.

(2.) Short facts of the case are that the deceased Vijay Kaushal was sitting in the trolley on 28/1/2009 in the capacity of a labourer employed by the owner of the tractor and trolley, which were carrying potato sacks. The deceased was employed for unloading the said sacks. When the tractortrolley reached Maledy road Naya Kua Tiraha at Village Kodariya, the driver of the tractor drove the vehicle in rash and negligent manner as a result of which Vijay fell from the tractor-trolley and suffered grievous injuries due to which he died on the spot.

(3.) However, learned counsel for the appellant would argue that the findings of the Claims Tribunal are contrary to the material available on record. He would first contend that the labourer was never covered under the insurance policy, which was produced before the Tribunal as Ex. D-7. Even the Insurance Policy of the trolley marked as Ex. D-8 does not cover labourer. He further submits that the deceased was sitting in the trolley and therefore, the Insurance Company is not liable to pay compensation as the trolley has no sitting capacity and was not meant for carrying passengers. He also submits that in view of the statement of NAW-2, the Insurance Company has clearly proved that the labourer was not covered under the Insurance Policy. He further submits that the owner of the vehicle who deposed as NAW-4 has categorically stated that the deceased fell from the trolley due to his own mistake, therefore, the finding of rash and negligent driving has wrongly been recorded by the Tribunal.