UNITED INDIA INSURANCE CO LTD Vs. GAYATRI YADAV

JUDGEMENT

(1.) THE appellant-Insurance Company has filed this appeal under Section 173 of the Motor Vehicles Act, 1988 against the award dated 07-12-2006, passed by the 1st Additional Motor Accident Claims Tribunal, Shivpuri,in Claim Case No. 82/2006.

(2.) CLAIMANTS filed an application before the Claims Tribunal for compensation on account of death of Prakash Yadav. Claimants are wife, sons, daughters and mother of the deceased. They pleaded that on 25-9-2004, the non-applicant No. 2 dashed Prakash Yadav by his tractor at around 12 'o' clock in the night. In the aforesaid accident, Prakash Yadav was died. The report of the case was lodged vide crime No. 81/2004 and police registered a case under Section 302, 34, 294 ipc. The Fourth Additional Sessions Judge vide judgment dated 17-2-2005, passed in Case No. 269/2004, acquitted the accused from the charge of murder. It is further pleaded that the tractor bearing registration No. MP33-M/7065 was insured by the appellant-Insurance Company, hence, the Insurance Company is also liable for payment of compensation. The claimants claimed total compensation of Rs. 10,82,000/ -.

(3.) THE non-applicant No. 2 denied the accident. He further pleaded that there was no accident caused by his tractor. He has already been acquitted by the criminal Court. Subsequently, the claimants filed the present application for getting compensation. The appellant-Insurance Company in its written statement stated that the police registered a case under Section 302, 34, 294 IPC. The tractor was used as a weapon to kill the deceased Prakash Yadav. It was a case of murder. Hence, the vehicle was used in contravention to the Insurance Policy. Consequently, the Insurance Company is not liable for payment of compensation.