NATIONAL INSURANCE CO.LTD Vs. MADHURI KUER

JUDGEMENT

(1.) THE Insurance Company has challenged the Award passed by the Accident Claims Tribunal granting compensation to the respondent claimant.

(2.) ONE Shiv Shanker, the Driver of the Tractor No. B.R. -24/8408 was moving along Kutchi road by the side of the canal but due to heavy load on the tractor the same suddenly fell in the canal causing fatal injury to the Driver, who subsequently succumbed to the injury.

(3.) THE owner of the tractor admitted that the death of Shiv Shanker was in course of employment and also asserted that he used to pay extra premium to the Insurance Company to cover the risk of the Driver also.