NATIONAL INSURANCE CO LTD Vs. GULAB SINGH

JUDGEMENT

(1.) THESE appeals have been preferred by the claimant and insurer aggrieved by an award dated 8. 12. 2004 passed by the Motor Accidents Claims tribunal, Katni in M. V. C. No. 187 of 2004.

(2.) THE claimant father of the deceased jagat Singh filed a claim petition claiming compensation in a sum of Rs. 7,80,500. He was the only son of the claimant. He was sitting in the trolley of the tractor (No. MP 21-9862) which was going to Jhukehi for loading lime for the purpose of construction of drain in the agriculture field. The tractor-trolley was driven rashly and negligently by Rajesh. It was owned by sunderlal and insured with National Insurance co. Ltd. Jagat Singh sustained injuries and succumbed to them in Katni Hospital on 19. 11. 2002 two days after the accident. It was claimed that he used to earn a sum of rs. 3,000 per month.

(3.) THE owner and driver remained ex parte. The insurer in the written statement denied the liability. It was submitted that the tractor-trolley was not involved in the accident. The tractor-trolley was insured for the purpose of agriculture, deceased was travelling as a passenger. Driver was not holding a valid and effective driving licence, there was violation of terms and conditions of the insurance policy, hence, insurer was not liable to make payment of compensation.