NATIONAL INSURANCE COMPANY LTD Vs. BANK OF INDIA

JUDGEMENT

(1.) THIS appeal has been filed by the appellant-Insurance Company against the award dated 13.10.2008, passed by the Xth Motor Accident Claims Tribunal Gwalior, in Claim Case No. 33/2007.

(2.) ON 15.2.2007, it is said that deceased Rambaran had been travelling in a tractor bearing Registration No. MP 07 HA-4654. Due to rash and negligent driving of the driver of the tractor, it became turtle and the trolley attached to the tractor also turned down, in the aforesaid accident Rambaran received serious injuries and died on the spot. The report of the accident was lodged at the Police Station Bijauli, District Gwalior and an offence under sections 279, 337 and 304-A of Indian Penal Code, vide Crime No. 665/05, was registered against the driver of the tractor. Thereafter, the claimants filed claim application before the Claims Tribunal for compensation of Rs. 18,30,000/-.

(3.) THE Insurance Company in its written statement, filed before the Claims Tribunal, denied the nature of accident and stated that due to rash and negligent driving of the driver of the tractor, the tractor became turtle and the trolley attached to the tractor also turned down. The tractor was insured for agriculture purpose and it was used for commercial purpose, which was contrary to the Insurance Policy, hence, there is no question of liability of the Insurance Company.