NATIONAL INSURANCE CO. LTD. Vs. KANTA DEVI

JUDGEMENT

(1.) This appeal has been filed by the Insurance Company against the judgment and award dtd. 22/9/2015 passed by the Motor Accidents Claims Tribunal, Jammu (hereinafter to be referred as the Tribunal), in file No. 160/2012, titled, Kanta Devi and others vs Raj Kumar and others by virtue of which compensation of Rs.24,25,000.00 has been awarded in favour of the respondents/claimants along with interest at the rate of 7.5% per annum.

(2.) The present appeal has been filed by the appellant/Insurance Company primarily on the ground that as per the policy of insurance, the appellant had undertaken the liability to cover the risk of one driver under the Workmen Compensation Act for driving the offending tractor but the risk of any other person either in the capacity of labourer or passenger on the said tractor was not covered. It is further stated that the learned Tribunal has passed the impugned award against the law and facts, as from the evidence available on record, it is crystal clear that on the date of accident, the deceased was travelling while sitting on the mudguard of the tractor involved in the accident, that was driven by Raj Kumar. Sitting on the mudguard is against the policy of insurance, as in the tractor, except the driver seat, there is no other provision for sitting on the tractor. It is further submitted that the learned Tribunal has committed a serious illegality by returning an erroneous finding that the deceased being a labourer travelling on a tractor was covered under sec. 147 of the Motor Vehicle Act. It is further stated that the compensation awarded is on the higher side.

(3.) Mr Sanjay Dhar, Learned Counsel for the appellant vehemently argued that the Insurance Company has been wrongly saddled with the responsibility as the deceased was travelling as gratuitous passenger and only risk of driver was covered under the Policy under Workman Compensation. He further argued that the learned Tribunal has wrongly read the evidence of the witness DW Shiv Kumar Gupta that he has admitted that the death of the deceased is covered under the policy for third party risk. He placed reliance upon the judgment of Karnataka High Court in Oriental Insurance Co. Vs. Smt Shobha reported in 2012 ACJ 2297, full bench Judgment of Karnataka High Court reported in 2021 ACJ 2588.