NEW INDIA ASSURANCE CO LTD Vs. SUDESH KUMARI

JUDGEMENT

(1.) This judgment shall dispose of two appeals being F.A.O. Nos. 306 of 2001 and 299 of 2003, as they arise out of the same award made by the Motor Accidents Claims Tribunal-I, Sirmour District at Nahan (H.P.) in M.A.C. Petition No. 43-MAC/2 of 2000/1998, decided on 18.6.2001.

(2.) Brief facts of the case are that the deceased Parminder Kumar is alleged to have died as a result of accident of tractor No. HR 02-A 7259. According to claimants, Parminder Kumar was travelling on the tractor along with his goods and Rs. 50 as fare was agreed to be paid to the driver of the tractor. The claim petition was filed by the parents of Parminder Kumar and was instituted in the court of the Motor Accidents Claims Tribunal-I, Sirmour at Nahan on 6.11.1998. Hema Devi, widow of the deceased was shown as pro forma respondent, but vide order dated 29.7.1999 on an application for transposition having been moved by Hema Devi, she was allowed to be arrayed as petitioner No. 3.

(3.) The claim petition was contested by the owner and driver of the tractor and they denied their liability to pay compensation. A plea was also taken by the owner and the driver that the petition was not maintainable in view of the fact that a previous petition filed by Hema Devi in the court of Mr. Shekhar Dhawan, Motor Accidents Claims Tribunal, Jagadhari had been withdrawn by her. The insurance company also contested the claim petition mainly on two grounds, firstly, that it is not liable to pay compensation since the deceased was a gratuitous passenger on a tractor and secondly that the driver of the tractor did not hold a valid driving licence at the time of accident. Issues were framed and evidence was led. Learned Tribunal has dismissed the claim petition on behalf of the parents and has awarded compensation in favour of the widow Hema Devi to the extent of Rs. 2,46,000.