UNITED INDIA INSURANCE CO LTD Vs. SHAMSHAD BEE

JUDGEMENT

(1.) BEING aggrieved by the award dated 29-8-2002 passed by M. A. C. T. , Agar, District shajapur, in Claim Case No. 36 of 2000, whereby in a claim petition filed by the respondent Nos. 1 to 4, on account of death of one Shokat Ali, learned Tribunal awarded a sum of Rs. 2,13,500, along with interest at the rate of 9 per cent per annum, the present appeal has been filed.

(2.) SHORT facts of the case are that the respondent Nos. 1 to 4 filed a claim petition alleging that the deceased Shokat Ali was father of respondent Nos. 2 to 4 and husband of the respondent No. 1. It was alleged that on 24-4-2000 deceased was travelling in a tractor bearing registration No. MP 13-K 7058, as he was a member of a band party. It was alleged that the offending tractor was owned by respondent No. 6, driven by respondent No. 5 and insured with appellant. It was alleged that because of the rash and negligent driving of respondent No. 5 deceased Shokat Ali sustained injuries and was brought to Primary health Centre, Agar and thereafter District hospital, Ujjain, from where he was referred to indore but in the meantime he died. The claim petition was contested by respondent No. 6 and also by the appellant. The defence of the appellant was that since the deceased was travelling in the trolley bearing registration no. M K U 710 which was attached with the of fending tractor and the trolley was not insured and also the tractor was insured for agricultural purposes while the tractor and trolley was being used for non-agricultural purposes, therefore, the appellant insurance company is not liable for payment of compensation.

(3.) AFTER framing of issues and recording of evidence learned Tribunal allowed the claim petition filed by respondent Nos. 1 to 4 and awarded a sum of Rs. 2,13,500, against which the present appeal has been filed.