NATIONAL INSURANCE CO LTD Vs. HUKAM CHAND

JUDGEMENT

(1.) This appeal has been preferred against the judgment of learned Motor Accident Claims Tribunal, Mandi, H.P. awarding a sum of Rs.1,10,697/- to the claimant Hukam Chand with interest at the rate of 9% per annum from the date of institution of the petition till its deposit.

(2.) What is not disputed before me is that the accident occurred on 29.12.2004 and the petitioner was sitting on the tractor returning from Slapper after delivering agricultural articles/implements. The pleading was that it was being driven in a rash and negligent manner by the Ist respondent Tulender Kumar (in the Tribunal) who was owner and driver of the tractor. On the settled issues, the learned Tribunal rejected the contention of the Insurance Company that it was not liable to pay the awarded amount/compensation as the vehicle in question was a tractor and the Insurance Policy did not cover any passenger etc. traveling thereon. The liability was apportioned on the Insurance Company which is now in appeal challenging the award on a number of grounds primarily that since it is a tractor which is involved in the accident, the liability, if any, is that of the owner.

(3.) Learned counsel appearing for the appellant places reliance on the judgment of the Supreme Court in Oriental Insurance Company vs. Brij Mohan and Others, 2007 7 SCC 56, holding therein that the liability, if any, would be that of the owner and it is not a vehicle that can be used for commercial purpose. Learned counsel also relies upon the decision of this Court in FAO No.275 of 2006, titled: National Insurance Company Ltd. vs. Smt.Reena Devi and Others, decided on 3rd April, 2012, holding:-