NATIONAL INSURANCE COMPANY Vs. SATYA DEVI

JUDGEMENT

(1.) This appeal, by the Insurance Company, is directed against the award dated 28th February, 2006 of Motor Accident Claims Tribunal, by which, after holding that one Gian Chand had died in an accident of Tractor, belonging to respondent Ramesh Chand, and determining the quantum of compensation payable for his death, appellant has been ordered to pay compensation money.

(2.) Deceased Gian Chand was employed with a Contractor, by the name of Akshay Kumar. It appears that Akshay Kumar's services were hired by Irrigation and Public Health Department of Himachal Pradesh, for repairing a tube-well. Said Akshay Kumar deputed Whether reporters of the local papers may be allowed to see the judgment? deceased Gian Chand to carry a compressor, for cleaning tube-well, to the site of the tube-well. Gian Chand hired Tractor of respondent Ramesh Chand, for pulling the compressor to the site of the tube-well. Tractor started with the compressor. Gian Chand boarded the Tractor. On the way, the Tractor rolled down the road and Gian Chand fell down the road alongwith the Tractor and died.

(3.) Dependents of Gian Chand, i.e. respondent Satya Devi and others, filed a claim petition, under Section 166 of the Motor Vehicles Act. Owner of the vehicle, i.e. respondent Ramesh Chand, denied that deceased was on board the Tractor, though he did admit that his Tractor had been engaged for pulling the compressor to the site of tube-well of Irrigation and Public Health Department. He pleaded that Tractor had been engaged by Akshay Kumar himself and not by the deceased. He stated that Gian Chand was going along the road, at the site of the accident, when he was hit by a bus and that the said bus, after hitting Gian Chand, rammed into the Tractor, as a result of which Tractor rolled down the road.