GHANSHAM Vs. ORIENTAL INSURANCE CO.LTD.

JUDGEMENT

(1.) The appeal is at the instance of the owner of a tractor bearing registration No.HR-36-G-9210 which has been made liable for the consequences of an accident that caused the death of a boy aged 16 years, who was said to be travelling in yet another tractor bearing registration No.HR-36-V-2973. On account of a collision between two tractors, the boy was said to have fallen from the tractor and suffered fatal injuries.

(2.) On a claim for compensation, the Tribunal found the appellant-insured liable for the accident finding that his driver was guilty of rash and negligent driving. The insurance company had been exonerated on the ground that the driver had only licence to drive the motorcycle, car and jeep and did not have a licence to drive a tractor. The Court assessed a compensation of Rs. 4,60,000/- taking the income to be Rs. 3,000/- per month, making a deduction of 1/3rd and adopting a multiplier of 18. It also added Rs. 15,000/- towards medical treatment and Rs. 13,000/- towards miscellaneous expenses.

(3.) As regards the liability, I would find that the Tribunal was in error in exonerating the insurance company on a finding of alleged violation of terms of policy. The nature of licence that could be granted is set out in the Central Motor Vehicle Rules under Rule 4 read with Form VI. The Central Motor Vehicle Rules set out the categories of vehicles for which the licences could be issued. The form merely prescribes a transport vehicle as a distinct class and the two-wheelers, Light Motor Vehicles as another class. The tractor itself is not in one of the categories mentioned either under Rule 4 or in Form VI.