NEW INDIA ASSURANCE COMPANY LIMITED Vs. TARAWATI

JUDGEMENT

(1.) THIS judgment will dispose of FAO 959 and 1006 of 1985 which have arisen out of the common award of Motor Accident Claims Tribunal, Narnaul dated 1. 6. 1985. In FAO 959 of 1985 Insurance Company has prayed for setting aside of the award on the ground that liability to pay compensation could not be fastened on the Insurance Company as the Tractor was not meant for carrying passengers. FAO 1006 of 1985 has been filed by the claimants for enhancement of compensation.

(2.) THE Motor Accident Claims, Tribunal, Narnaul, on a claim petition Under Section 110-A of Motor Vehicles Act had awarded a sum of Rs. 15,000/- to the claimants Under Section 92-A of the Motor Vehicles Act on account of the death of Ram Niwas.

(3.) THE case of the claimants as put I forth by them before the Tribunal was that the deceased Ram Niwas was travelling on tractor No. HRM 809 on 18. 11. 1982. The left wheel of the tractor got out of order as a result of which the tractor turned turtle. Ram Niwas was crushed under it and died on account of injuries. The claimants claimed Rs. 40,000/- compensation from the respondents.