DIVISIONAL MANAGER ORIENTALINSURANCE COMPANY LTD Vs. CHINTA DEVI

JUDGEMENT

(1.) The Insurance Company has filed this Misc.Appeal against the order dated 22nd February, 2008 passed by the Additional District Judge-cum-Motor Vehicle Accident Claims Tribunal, Kishanganj, in Claim Case No. 16/2006 whereby the appellant had been directed to pay Rs. 50,000 on no fault basis under Section 140 of the Motor Vehicles Act to the claimants.

(2.) It appears that the claimant-respondent Nos. 1 and 2, i.e., the parents of the deceased Baldeo Lal @ Munna, filed the aforesaid claim alleging that their son aged about 18 years was engaged as agricultural labourer on a tractor by the owner respondent No. 3. On 1st April, 2005 the Cooli was sitting on the trailer of the tractor and in the way the trolley of the tractor turtled as a result of which the claimants' son died. According to the claimants their son died because of rash and negligent driving of the driver of the tractor.

(3.) The Insurance Company appeared and filed contesting written statement alleging that at the material time of accident the tractor was being used for carrying bricks which was against the terms and conditions of the policy of Kissan Package Policy and, therefore, the Insurance Company is not liable to pay any compensation. Thereafter an application under Section 140 of the M.V. Act was filed. The appellant objected on the ground that the risk of the deceased was not covered under the said policy taken by the insured.