NATIONAL INSURANCE CO. LTD Vs. SATYA DEVI

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicles Act is directed against the award of the Motor Accident Claims Tribunal, Bilaspur, in M.A.C. Case No. 33 of 1995, decided on 6th October, 1999.

(2.) THE facts necessary for the decision of the case are that the claimants, who are the widow and children of Shiv Ram, filed a petition under Section 166 of the Motor Vehicles Act claiming that deceased Shiv Ram was travelling on a tractor owned by Devi Ram. Initially the plea taken was that the said tractor was being driven by one Suman Kumar. However, Devi Ram in his reply admitted the fact that he was the owner of the tractor and also stated that he in fact was drivingthe tractor at the time of the accident.

(3.) THE case of the Insurance Company is short and brief. According to Mr. Ashwani Sharma, Advocate, no passenger could be carried in a tractor and this is not only a violation of the policy, but also against the registration certificate and the provisions of the Motor Vehicles Act. As such he submits that the Insurance Company has been wrongly held liable to pay compensation.