ORIENTAL INSURANCE CO LTD Vs. KAMLI

JUDGEMENT

(1.) Appellant insurance company by Mr. Anil Goyal, Advocate. None for respondents despite issuance of S.P.C. Arguments heard. Order dictated in open court in presence of learned counsel for the parties.

(2.) This is an appeal by the insurance company against the award dated 20.6.2003 passed by the M.A.C.T., Jhabua in Claim Case No. 177 of 2001.

(3.) On 24.4.2001, the deceased Khema met with an accident because of rash and negligent driving of the tractor by respondent No. 11. On the fateful day, offending vehicle belonged to the respondent No. 12 and was insured with appellant insurance company. The only question raised in this appeal for consideration is whether the appellant insurance company is liable to pay compensation or not? Learned counsel for the appellant submitted that in F.I.R. it was clearly mentioned that deceased was travelling in the tractor-trolley and when it was negotiating a culvert, the deceased fell down from the trolley and the rear wheel of trolley ran over tire head of the deceased and as a result, deceased died on the spot. He drew support from the F.I.R., Exh. PI, lodged by Nansingh. With support of this, learned counsel for appellant submitted that there was a breach of the insurance policy as well as of law, therefore, the insurance company is not liable to indemnify the owner of the offending vehicle by making payment of compensation to the claimants who are widow and children of the deceased.