RAMESH CHAND Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) This appeal has been filed by Ramesh Chand, owner of tractor bearing registration No. HP 21- 1864. On the date of accident it was insured with New India Assurance Co. Ltd. under a valid policy. Nanak Chand was its driver. Policy had been issued in the name of Shiv Ram Sharma, the registered owner of the tractor. According to the appellant, there was an agreement to sell the tractor in question entered into between him and registered owner, i.e., Shiv Ram, vide Exh. RW1/A.

(2.) In the aforesaid background, claim petition was filed by respondent Nos. 2 and 3, who are parents of deceased Raj Kumar, aged 18 years. He was a student of 10th class in Senior Secondary School, Bijhar, Tehsil Barsar, District Hamirpur. Accident took place on 4.6.2001 at about 9.30 p.m. at village Tikkar, in Tehsil and Police Station Barsar, District Hamirpur. In column Nos. 10 and 24 of the claim petition, stand of the claimants is:

(3.) Appellant owner, as well as Nanak Chand, tractor driver, both filed joint written statement before the Tribunal below. Amongst others, estoppel was set up as a defence against parents of the deceased. Their further case was that the deceased was engaged as a labourer on the tractor at the time of accident, and claimants were not dependent upon him (i.e. the deceased). In reply to paras 4 and 10 of the claim petition, it was again pleaded by both of them that the deceased Raj Kumar was engaged as labourer on the tractor at the time of accident and he used to do labour work during morning and evening hours. In reply to para 24 of the claim petition, it was pleaded that accident was not the result of rash and negligent driving on the part of the driver of the tractor.