NEW INDIA ASSURANCE COMPANY Vs. SUDESH KUMARI

JUDGEMENT

(1.) This judgment shall dispose of two appeals being FAO Nos. 306 of 2001 and 299 of 2003, as they arise out of the same award made by the Motor Accident Claims Tribunal -I Sirmour District at Nahan in MAC Petition No. 43 -MAC/2 of 2000/1998, decided on 18th June, 2001.

(2.) Brief facts of the case are that deceased Parminder Kumar is alleged to have died as a result of accident of tractor No. HR -02A -7259. According to the claimants, Parminder Kumar was traveling on the tractor alongwith 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 Motor Accident Claims Tribunal, Sirmour at Nahan on 6th November, 1998. Smt. Hema Devi, widow of deceased was shown as Performa respondent, but vide order dated 29th July, 1999 on an application for transposition having been moved by Smt. 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 Smt. Hema Devi in the Court of Shri Shekhar Dhawan, motor Accident Claims Tribunal, Jagadhari had been withdrawn by her.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. The learned Tribunal has dismissed the claim petition on behalf of the parents and has awarded compensation in favour of the widow Smt. Hema Devi to the extent of Rs. 2,46,000/ -.