UNITED INDIA INSURANCE CO. LTD. Vs. SMT JAISHREE

JUDGEMENT

(1.) The appellant-Insurance Company/original non-claimant No. 1 has filed this miscellaneous appeal under Section 173(1) of the Motor Vehicles Act against an award dated 11.05.2015 passed by the Member M.A.C.T, Harda in Claim Case No. 39/2013, whereby the appellant and present respondent Nos. 6 and 7/original non-claimant Nos. 2 and 3 have been jointly and severally ordered to pay the compensation of Rs. 9,44,625/- with interest at the rate of Rs. 7% per annum from presentation of claim petition till payment to the claimants/present respondent Nos. 1 to 5.

(2.) Original claimants have filed claim petition under Section 166 of the Motor Vehicles Act against three non-claimants on pleadings that on 10.03.2013 Arun Kumar alias Kalu was doing his labour work of cutting of narwai (wheat crop) on rotovator machine which was attached to a tractor. During the work, narwai got entrapped in the rotovator machine, then tractor driver non claimant No. 3 Sudhir Kumar Jain asked Arun Kumar alias Kalu to expel the entrapped narwai from the rotovator machine and simultaneously Sudhir Kumar Jain suddenly started the rotovator machine and tractor in rash and negligent manner, thus Arun alias Kalu came in contact with rotovator machine attached with tractor and sustained fatal injuries on head and died on the spot in few seconds. The matter was reported at police station, Timarni, where an offence punishable under Section 304-A of the IPC was registered against the tractor driver Sudhir Kumar Jain. Non-claimant No.2 Pawan Kumar Paliwal was registered owner of tractor and the relating tractor was insured with the appellant-Insurance Company. Claimants were depended on the income of the deceased. Arun was 30 years old and was having annual income of Rs. 3 lacs from labor and agricultural work. Thus, under various heads mentioned in the claim petition, compensation of Rs. 17,08,000/- was demanded with interest from the non-claimants.

(3.) Non-claimant No.1 Insurance Company in its written statement filed before the tribunal pleaded that actually the accident had occurred due to negligence of the deceased Arun himself. No any intimation of incident was given by tractor owner and driver to the Insurance Company. The tractor driver Sudhir Kumar Jain was not having any valid driving license on the date of incident, thus the tractor was being driven by Sudhir Kumar Jain in contravention of the terms of insurance policy. Thus, the Insurance Company is not liable to pay any compensation to the claimants.