BELI RAM Vs. KANTA DEVI

JUDGEMENT

(1.) This appeal is directed against the award, dated 7.3.2005 of Motor Accident Claims Tribunal, Hamirpur, whereby a sum of Rs.1,99,000/- has been awarded as compensation in favour of respondents Kanta Devi and Jagdish Chand, on account of death of bread-earning head of their family, Sh. Roshan Lal, in an accident of a tractor and the liability to pay the compensation, together with interest, has been fastened upon the appellant, who was the owner of the tractor, in question, at the relevant time. Deceased Roshan Lal, husband of respondent Kanta Devi and father of respondent Jagdish Chand was travelling by Tractor No.HP-22-4857, owned by the appellant, on 26.8.2000, when the said tractor met with an accident, near a place called `Manoh Khad'. In that accident Roshan Lal died and one other person, also travelling by that tractor, namely Piar Chand, sustained injuries. Accident was alleged to have taken place on account of rash or negligent driving of the tractor by its driver respondent Dev Raj. Separate petitions were filed, one by respondents Kanta Devi, Jagdish Chand and another by Piar Chand. Besides the present appellant and the driver of the tractor, New India Assurance Company was impleaded as respondent in the petition, as insurer of the tractor.

(2.) Accident Claims Tribunal concluded that accident took place due to rash or negligent driving of the tractor and as a result of that accident Roshan Lal died. Tribunal accepted the insurer's plea that the deceased was on board the tractor as gratuitous passenger and so it was not liable to pay compensation money. Insurer's plea that respondent Dev Raj did not possess valid and effective licence also found favour with the Tribunal and on this count also insurer was held to be not liable to indemnify the appellant. Appellant is aggrieved by the award, in so far as it fastens liability to pay compensation, upon him.

(3.) I have heard learned counsel for the parties and gone through the record.