NATIONAL INSURANCE CO. LTD. Vs. VIDHYABAI

JUDGEMENT

(1.) THIS appeal is preferred by the Insurance Co. challenging the Award dated 16.3.2000, passed by the Member Judge of the Motor Accident Claims Tribunal, Vidisha in Claim Case No. 97/98 whereby the Claims Tribunal has awarded a sum of Rs. 2,68,000/- towards compensation for the death of deceased Harnam Singh s/o Harprasad, aged around 32 years.

(2.) ACCORDING to the claimants, on 15.2.1997, deceased Harnam was travelling in a trolley attached to tractor bearing registration No. MP08- A-6071 along with other persons for going to attend a marriage ceremony. The driver of the tractor was driving the said vehicle rashly and negligently due to which Harnam Singh fell down from the tractor and sustained injuries. He died in the incident. Hence, his L.Rs. filed an application for compensation. According to them, the deceased was working in a Casheriya Concrete Product Ltd. and was earning Rs. 1,936/- per month. The Claims Tribunal assessed the compensation of Rs. 2,68,000/- and awarded compensation accordingly. Hence, this appeal.

(3.) SHRI S.S. Bansal, learned counsel appearing for the Insurance Co. contended that as the deceased was travelling in a tractor, the Insurance Co. is not liable to pay compensation. Learned counsel for the Insurance Co. in support of his arguments has relied upon the judgment of the apex Court in the case of New India Assurance Co. Ltd. v. Vedwati, reported in [(2007) 9 SCC 486]. In the said judgment the apex Court has held that the Insurance Co. is not liable for payment of compensation for the death of a passenger travelling in a goods vehicle. For this purpose, the apex Court has relied upon its earlier judgment in the case of New India Assurance Co. Ltd. v. Asha Rani, reported in [2003 (1) BLJ 1 = (2003) 2 SCC 223] and other judgments. Another judgment relied upon by the learned counsel for the appellant is in the case of National Insurance Company Ltd. v. Prema Devi and others, reported in [(2008) 5 SCC 403] wherein the apex Court again considered the question about the liability of the Insurance Company to pay compensation in cases of death of or injury to passengers travelling in a goods vehicle. He also relied on the Division Bench decision of this Court in the case of Arun Kumar Patel and another v. Smt. Terasi Saket and others, reported in ILR (2008) MP 282 wherein the Division Bench of this Court has held that the Insurance Co. on the death of a person travelling in a tractor-trolley after attending marriage ceremony, is not liable for payment of compensation. There is no dispute about the prepositions laid down by these judgments.