NATIONAL INSURANCE COMPANY LIMITED Vs. PARANG LAMA

JUDGEMENT

(1.) This appeal arose out of a judgment of the Motor Accident Claims Tribunal, whereby the claimant's, application under Section 140 of the Motor Vehicles Act was allowed awarding Rs. 25,000/- and the respondent insurance company was directed to pay the amount. The insurance company preferred the present appeal against the said judgment.

(2.) The facts relevant for the present purpose are that the victim died of a motor vehicle accident on July 27, 1992 and the claimant filed the claim application. The contention of the learned counsel for the appellant insurance company is that the victim was travelling in the offending tractor at the time of accident which caused the death of the victim. As the victim was travelling in violation of the terms and conditions under which the tractor could not carry passenger, the insurance company is not liable to pay the compensation.

(3.) Learned Counsel forthe respondent strongly denied the contention of the appellant insurance company and contended that the claimants are entitled to get compensation from the insurance company particularly when the insurance company has failed to show any terms and conditions of the contract of insurance whereunder the tractor was prevented from carrying passengers.