ICICI LOMBARD Vs. ISHWAR DAYAL AND ANOTHER

JUDGEMENT

(1.) This appeal is by the insurance company disputing the liability foisted upon it by the Motor Accident Claims Tribunal, Patiala (for brevity, the tribunal'), vide its award/order dated 01.10.2007 whereby the appellant-Company (for short 'the appellant') was held liable to make the compensation to the tune of Rs.2,89,600/-. Facts not in dispute

(2.) On 25.04.2006, respondent No. 1 started for Narwana for selling the woods loaded in his tractor trolley bearing No. HR08F-6860 from Pundri along with Roshan Lal, Balbir Singh, Sultan Singh who were working with him as labourers and when they reached near village Pinjupura, then suddenly a cow came in front of the tractor, due to which respondent No. 1 immediately applied the brakes to save the cow but the tractor trolley turned turtle in the ditches due to load in the trolley and Roshan Lal fell down and was crushed under the tractor. Roshan Lal was taken to the Civil Hospital, Kaithal in the same tractor from where he was referred to PGI Chandigarh but on the way to PGI, Chandigarh, he died. The matter regarding the said accident was got registered by respondent No. 1. The said tractor in question was owned by respondent No. 1 and insured by respondent No. 2

(3.) On notice of the claim petition, respondent No. 1 filed written statement and stated that due to sudden arrival of a cow in front of the tractor, the accident had occurred and the DDR was also got recorded on the statement of respondent No. 1 himself. There was no rash and negligent driving on his part.