NATIONAL INSURANCE COMPANY LTD Vs. HANIF SAI

JUDGEMENT

(1.) HEARD the parties and with their consent this appeal is disposed of under Order 41, Rule 11 of the Code of Civil Procedure. Chhote Babu, a three year 'sold child lost his life on 3.1.1995. He was dashed by a tractor, bearing registration No. BR -04 -7259. In Claim Case No. 33 of 1995, filed under the provisions of Motor Vehicles Act, 1988 , his parents were granted compensation to the tune of Rs. 55000/ -. Claimants were able to prove that accident took place on account of rash and negligent drive. At the relevant time tractor was insured with National Insurance Company Limited.

(2.) MR . Harendra Kumar Singh, counsel for the Appellant -Insurance Company submitted that for violation of terms of Insurance Policy, the insurer was not to indemnify the owner 'sliability.

(3.) TRIBUNAL found that, at the time of accident tractor was carrying a tailor loaded with sand for brick - kiln of one Jai Singh. It was therefore being used for commercial and not agricultural purpose. Carbon Copy of Insurance policy was produced before the Tribunal, which shows that tractor was to be used only for agricultural purpose.