ORIENTAL INSURANCE CO LTD Vs. VIJAY SINGH

JUDGEMENT

(1.) ORIENTAL Insurance co. Ltd. is in appeal against award dated 3. 8. 2005 passed by the Presiding Officer of the Motor Accidents Claims Tribunal, rewari (hereinafter referred to as 'the tribunal') in M. A. C. T. Case No. 42 of 28. 8. 2002/9. 5. 2005.

(2.) IN a motor vehicle accident which took place on 24. 6. 2002, claimant Vijay singh suffered serious injuries resulting in 70 per cent disability to him on account of amputation of his right leg. The Tribunal awarded compensation of Rs. 1,95,000 to the claimant on a petition (M. A. C. T. Case no. 42 of 28. 8. 2002/9. 5. 2005) preferred by him under the provisions of the Motor vehicles Act, 1988 (for short, 'the Act')and directed the appellant with which the offending tractor No. HR 36-C 6285 stood insured to pay the compensation.

(3.) THE only contention that has been raised by Ms. Vandana Malhotra is that the appellant could not be held liable to make the payment of the compensation amount in view of the fact that the claimant was sitting on the mudguard of the offending vehicle which he had hired for carrying the fodder and thus, the tractor in question was being used for carrying a passenger in violation of the terms and conditions of the insurance policy. In support of her contention, the learned counsel relied upon a judgment of this court in New india Assurance Co. Ltd. v. Tarawati, 1994 acj 822 (Pandh) and another judgment of karnataka High Court in Kenchappa v. V. Jayalakshmamma, 2005 ACJ 290 (Karnataka ).