NEW INDIA ASSURANCE COMPANY Vs. GOVERDHAN DASS

JUDGEMENT

(1.) HEARD and gone through the record.

(2.) THE Insurance Company has filed this appeal, challenging the award of the Motor Accident Claims Tribunal, whereby liability for payment of compensation awarded for the injuries received by respondent Goverdhan in an accident of a tractor, owned by respondent Premu, has been fastened upon it.

(3.) THE Tribunal, after holding inquiry, concluded that the accident took place due to rash or negligent driving of the tractor by Khub Ram and that said Khub Ram held a valid driving license to drive the tractor. The Insurance Company had taken another plea, viz. the claimant was a gratuitous passenger. This plea also did not find favour with the Tribunal. With the aforesaid findings, the Tribunal awarded compensation in favour of the claimant and ordered the insured and the present appellant (Insurance Company) to pay the amount of compensation.