UNITED INDIA INSURANCE COMPANY Vs. PIARI DEVI

JUDGEMENT

(1.) THIS appeal by the Insurance Company is directed against the award of the Motor Accident Claims Tribunal, Kullu (hereafter referred to as 'the Tribunal') in MAC Petition No. 16 of 1997, decided on 26.4.1999.

(2.) THE facts necessary for decision of the case are that the claimants are the legal heirs of Narender Singh. According to the allegations made by them in the petition filed under Section 166 of the Motor Vehicles Act, 1988 (hereafter referred to as 'the Act') the deceased had hired tractor No. HP-49-0317, which is owned by Lotam Ram. He had hired this tractor to collect pine cones. The tractor at the relevant time is stated to be driven by Gulab Singh. As per the averments, the deceased had gone to village Tung to collect pine cones but the same had not been collected and stacked by the labourers, therefore, he was coming back in the empty tractor which met with an accident resulting, in death of Narender Singh.

(3.) THE Tribunal after recording the evidence held that the deceased had died due to the rash and negligent driving of the driver of the tractor. It held the claimants entitled to compensation of Rs. 1,29,500. The Tribunal held that since the deceased had hired the tractor and was not a gratuitous passenger, therefore, the Insurance Company was liable to pay the amount of compensation. Hence, this appeal by the Insurance Company.