ORIENTAL INSURANCE COMPANY LTD. Vs. SURINDER AND ORS.

JUDGEMENT

(1.) Whether the Insurance Company can be absolved from its liability to pay the compensation amount or can it be allowed recovery rights against owner and driver of the offending vehicle, if the driver possessing licence for driving the tractor at the time of accident, was driving the tractor attached with trolley, is the short point which arises for consideration in this appeal.

(2.) As per the case of claimants, Shakuntla alongwith her nephews, Gulab Singh, Shiv Charan and Man Singh had gone to Sohna market on 14.07.2010 for purchasing some household articles. After purchasing the articles, she was returning from the market to her home with Gulab Singh on his motorcycle, which was being driven by Gulab Singh at a moderate speed on his left side. When they reached ahead of village Indri, tractor-trolley bearing No. HR-52-8879 (later referred to as 'the offending vehicle'), which was being driven by Hassu-respondent no. 1 (respondent no. 5 in this appeal), in a rash and negligent manner, came from backside and hit the motorcycle. With the impact Shakuntla fell down from the motorcycle and was run over by the tractor resulting in her death at the spot. She was 40 years of age and was doing embroidery and tailoring work and selling milk thereby earning Rs. 8000/- per month.

(3.) In the written statement filed by driver and owner of the offending vehicle the accident was denied. It was alleged that FIR No. 226 dated 14.07.2010 for this accident registered at Police Station Sohna, involving the offending vehicle and respondent no. 1, was false and frivolous. The tractor was, however, insured with respondent no. 3 (appellant), as such, if any liability for payment of compensation is found, the same shall be of the Insurance Company.