SITARAM Vs. RAJU SINGH TOMAR AND OTHERS

JUDGEMENT

(1.) Assailing the award dated 26.04.2006 passed by Third Motor Accident Claims Tribunal, Bhind in Claim Case No. 14/2006 on the point of inadequacy of the compensation, this appeal has been preferred by the appellants/claimants under Section 173(1) of the Motor Vehicles Act, 1988.

(2.) It is not necessary to narrate the entire facts in detail as to the manner the accident has occurred, to burden the judgment on the said issues. It is only the liability on the part of the insurance company to pay the compensation and inadequacy of the compensation is being considered and decided in succeeding paragraphs.

(3.) Learned counsel for the appellant submitted that the Claims Tribunal has erred in fastening the liability on the respondents No.1 and 2 on the ground that at the time of accident the offending tractor was filled with the sand while the tractor was insured for agricultural operation. Hence, in the light of the judgment in Shivraj vs. Rajendra and another,2018 ACJ 2755, the insurance company cannot be exonerated.