ORIENTAL INSURANCE COMPANY LTD Vs. NASIRUDDIN

JUDGEMENT

(1.) THIS misc. appeal is directed against the order dated 8.12.93 passed by the Claims Tribunal, Aurangabad in Motor Vehicle Claim case no. 18/92. Appellant before this court is Oriental Insurance Company.

(2.) APPELLANT 'ssubmission is that interim compensation of Rs. 25,000/ - was allowed to the claimants respondents 1 and 2. However, the claimants were not entitled to receive anv compensation, much less interim compensation because Insurance company was not liable in so far concerned tractor was being used for ferrying passengers for which it was not ensured or registered. The concerned tractor was registered and ensured for carrying goods as also for agricultural purpose. So when the deceased died while travelling on the concerned tractor perhaps, tractor was being used to carry the passengers for hire. So insurance company was not laible to pay any compensation.

(3.) IN the result, this misc. appeal is allowed and the impugned order is set aside. Respondent no. 3 is directed to pay compensation amount of Rs. 25,000/ - to the claimants who are respondent 1 and 2 of this appeal. If owner is entitled to any indemnity from the Insurance company, he is free to stake his claim and take indemnity amount as provided under the law.