NEW INDIA ASSURANCE COMPANY LTD Vs. AMINA KHATOON

JUDGEMENT

(1.) THE appellants are aggrieved by the judgment and award dated 22.02.2006 and 30.06.2006 respectively passed by the 3rd Additional District & Sessions Judge-cum- Motor Vehicle Accident Claims Tribunal, Naugachia, in Claim Case No. 218 of 2004, by which a sum of Rs.3,35,900/- with interest @ 7- % per annum has been allowed to the claimant, who was the wife of the deceased.

(2.) COUNSEL for the Insurance Company contends that in fact that tractor and trailer were being used to transport labour and, therefore, it would not cover the risk of the owner under the circumstances. He points out that from the facts of the First Information Report it is evident that sacks of potatoes had been loaded on the tractor of trailer and thereafter this occurrence took place. He, therefore, contends that since the tractor was not being used for ploughing or for threshing the court below was wrong in fastening the liability of the insurance company on account of death of the husband of the claimant in the said accident.