NATIONAL INSURANCE CO LTD Vs. SUKHIYA BAI

JUDGEMENT

(1.) This appeal has been filed by the appellant insurance company under section 173 of Motor Vehicles Act, 1988 against an award dated 25.8.2004, passed by the learned First Additional Member, Motor Accidents Claims Tribunal, Guna in Claim Case No. 4 of 2003 questioning the liability of the insurance company to indemnify the insured. The claimants-respondent Nos. 1 to 6 have filed cross-objection for enhancement of compensation.

(2.) On 16.10.2003 deceased Kashiram had been travelling in a tractor attached with trolley bearing registration No. MP 08-H 0107. Near Shanker Temple, the tractor turned turtle due to rash and negligent driving of the driver of the tractor. In the aforesaid accident deceased died. Report of the accident was lodged at the Police Station, Dharnawada, an offence vide Crime No. 246 of 2003 under sections 279, 337 and 304-A of Indian Penal Code was registered against the driver of the offending vehicle.

(3.) Learned Claims Tribunal has held that accident occurred when the deceased was travelling in a tractor attached with the trolley. Tractor was insured by the appellant insurance company for agricultural purpose. The Tribunal awarded a compensation of Rs. 2,00,000 and held that the insurance company is liable to indemnify the insured. Admittedly, from the facts of the case it is clear that the deceased died when he was travelling in tractor attached with the trolley and the tractor was insured for agricultural purpose.