ORIENTAL INSURANCE COMPANY LTD Vs. MONA

JUDGEMENT

(1.) THE Commissioner under Workmen's Compensation Act, Rohtak (Commissioner for short) awarded compensation to the tune of Rs.3,84,426/ - to respondents No.1 to 4 on account of death of Sanjay alias Ajay in a motor vehicle accident. The Insurance Company came up in appeal on the ground that liability was to be of the employer only, as there was violation of the policy conditions.

(2.) COUNSEL for the appellant argued that the Commissioner erred in holding that the Insurance Company was required to show that the vehicle being a tractor was registered only for purpose of agriculture by producing the registration certificate. Also it was contended that the tractor is a vehicle which was supposed to be used for agricultural purpose and not for commercial purpose. Even if there was Kisan Package Policy under the risk cover, since premium having not been paid for helper and not for the trolley attached to the tractor, the Insurance Company was not liable. The Commissioner further erred in holding that it was a comprehensive policy because of that.

(3.) COUNSEL for the employer i.e. respondent No.5 vehemently argued that the Commissioner passed a very well reasoned and legal order. It was for the appellant to have proved during the proceedings below that the tractor was registered for agricultural purpose and there was any forbiddance to use it for commercial purpose. The argument is too far -fetched. Every agriculturist is aware that the tractor is to be used for agriculture purposes and so is the law but all tractor owners flout the policy conditions and use their tractors for all sorts of errands. So much that it is seen on the road that sometime the trolleys are overfilled with 'toori' making it a traffic hazard and sometimes big cement beams are attached to the trailer of the tractor and dragged along the road. The tractor owners and/or drivers have the least respect for other people on the road.