NEW INDIA ASSURANCE COMPANY LTD. Vs. NATHU LAL

JUDGEMENT

(1.) The appellant-Insurer has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, 'Act') to challenge judgment and award dated 20.03.2001, passed by Motor Accident Claims Tribunal, Pratapgarh (for short, 'learned Tribunal') in Civil Suit No.84/1997 titled as Nathulal and Ors. V. Surendra and Ors. ". The learned Tribunal, by the impugned judgment and award, while adjudicating case of the claimants- respondents, has quantified and passed a award for compensation to the tune of Rs.1,80,000/- under various heads, while holding the appellant-Insurance Company liable to pay the entire amount of compensation.

(2.) The facts, opposite for the purpose of this appeal, are that respondent-claimants preferred the claim petition, inter-alia, with the submission that on the fateful day of 10.05.1997, in the evening when deceased Chaina Ram, while sitting on the rear side of bonat (mudguard) of the tractor No.RJ-09/R-2572 which was coming to his village then, driver of the tractor drove the tractor rashly and negligently and due to jerk, Chaina Ram fell down and a big wheel of the tractor was passed over his head, as a result of which, Chaina Ram succumbed to death. The claimants have claimed a sum of Rs.7,56,000/- as compensation for the accidental death of Chaina Ram.

(3.) As per written statement submitted by the non-applicants No. 1 and 2, the deceased Chaina Ram was not working under their command and he forcefully boarded the tractor and due to his own mistake, fell down from the tractor. Insurance Company has denied its liability to pay the compensation and as per Insurance Company, right owner of the vehicle has not been made a party. It was also stated that premium has not been paid towards labour sitting on the tractor and, therefore, the insurance company is not liable to pay the compensation.