UNITED INDIA INSUSRANCE COMPANY LTD Vs. BITTIBAI

JUDGEMENT

(1.) Since both these appeals orignate out of the award passed by the Fourth Additional Motor Accident Claims Tibunal, Gwalior on 9.07.2008 in Claim Case No.80/2007, both the appeals are heard analogously and decided by this common order.

(2.) M.A. No.1161/2008 has been filed by the Insurance Company seeking exoneration of Insurance Company on the ground of violation of terms and conditions of the insurance policy, whereas M.A. No.1197/2008 has been filed by the appellant/claimant seeking enhancement of compensation.

(3.) As far as appeal filed by the Insurance Company is concerned, Insurance Company sought its exoneration on the ground that the vehicle was insured for the agricultural purpose but at the time of accident, it was being driven and used for carrying pessengers, which is a purpose other than the agricultural purpose. Thus there was the voilation of conditions of policy. It is also submitted that neither premium was charged nor any risk was covered for the perssenger even for labourer travelling in the insured tractor. Therefore, Insurance Company should have been exonerated. It is further submitted that learned Claims Tribunal has not given due weightage to the FIR and other related documents which were filed by the claimant and overlooking such documents and admission that the deceased was travelling on the mudgard of the tractor, Insurance Company has been fastened with the liability to pay compensation which is illegal and arbitrary. It is submitted that as per FIR (Exhibit P-1) lodged by Chetram Kushwah, Banti and Rambhajan were sitting on the mudgard of the tractor and when tractor started drifting backwards on an inclined plane in the valley, then Rambhajan, Radheshyam and Banti had jumped off the tractor trolley. In this process ,Banti sustained head injury and died.