CHANDRA PRAKASH SAH Vs. JAKIR HUSSAIN

JUDGEMENT

(1.) THIS is an appeal against the order dated 20.2.2003 passed by the 1st Addl. District Judge cum Motor Vehicle Claims Tribunal, Katihar in Claim Case No. 19/ 2001 under which the appellant has been directed to pay interim compensation of Rs. 25,000.00 under sec. 140 of the Motor Vehicle Act, 1988 (hereinafter referred to as 'the Act ') to the claimant Jakir Hussain for injury sustained by him in motor vehicle accident caused by the tractor and trailer bearing registration No. BR 11 -A/7628.

(2.) THE appellant Chandra Prakash Sah is the owner of the offending vehicle. The claimant Jakir Hussain was the permanent labourer on a daily wages basis under the owner of the vehicle. One Amar Nath Singh had hired the vehicle for consideration and the vehicle loaded with 60 bags of paddy of the said hirer for being sold in Katihar market was heading towards Katihar, when on the way the driver asked the claimant, who was in the tractor, to move to the front portion to keep balance. The claimant sat on the bonate. The vehicle then was geared up and in that process the claimant fell down and received injury as a result of which two toes of left leg had to be imputed.

(3.) THE Tribunal found from the medical papers that there was permanent disablement of the claimant on account of motor vehicle accident and therefore, the claimant is entitled to get the above amount as interim compensation. It further held that though the vehicle was ensured and the liability of the owner and the insurer of the vehicle are co -extensive, as the vehicle was not being used for agriculture purpose and no passenger could be carried on the goods vehicle, there is violation of the terms and conditions of the policy and therefore, the Insurance Company would be liable to pay the compensation. The Tribunal, accordingly, directed the appellant to pay compensation.