NEW INDIA ASSURANCE COMPANY LTD Vs. LALITA DEVI

JUDGEMENT

(1.) FACTS found proved by the Claims Tribunal are that-the tractor bearing registration No. M. P. 18-A/. 7678 was owned by respondent no. 6. In the night of 9. 7. 97, Omkar Singh, respondent No. 5 took the tractor for tilling the agricultural field. He was accompanied by the deceased Ramniwas singh He left the tractor with the ignition key in the ignition lock. Ramniwas singh, switched on by the key and started the tractor which turned turtled resulting into death of Ramniwas Singh. The Claims Tribunal found that the tractor was duly insured with the appellant. It fastened the liability to the extent of 50% on the owner of the tractor whose driver was-found negligent in leaving the tractor alongwith ignition key in the ignition lock. 50% liability was fastened on Ramniwas, since he was not having a driving licence. Accordingly, the claim petition was allowed to the tune of Rs. 87,500/- i. e. 50% of the total liability and the respondent nos. 5 and 6 with the Insurance Company were found liable for compensation jointly and severally. Aggrieved by it, present appeal has been preferred.

(2.) SHRI Virendra Verma, and Shri Suyash Tripathi, learned counsel for parties made their submissions which have been considered in the light of material on record.

(3.) IT is contended by Shri Virendra Verma, learned counsel for the appellant that Ramniwas was having no driving licence. It was he who drove the tractor without driving licence and further drove it with negligence due to which the accident was caused. This apart, it is contended that Ramniwas accompanied omkar Singh obviously as a passenger and since the tractor was not insured for passenger, no liability for compensation can be fastened on the Insurance Company. Reliance for this purposed has been placed on the Full Bench decision of this court dated 11. 10. 2007 passed in MA. No. 687/99 (Bhav Singh Vs. Smt. Savirani and others ).