RAM DEO Vs. GEETA DEVI

JUDGEMENT

(1.) THIS appeal has been filed against the award passed by the learned member, Motor Accidents Claims Tribunal, Udaipur, dated August 20, 1982, by which he has awarded compensation to the tune of Rs. 63,000 against the owner and driver of the offending tractor No. RJE 3487 and has dismissed the claim petition against the insurer, namely, the United India Fire and General Insurance Co. Ltd. The facts of the case giving rise to this appeal may be summarised thus.

(2.) THE case of the claimants, Geeta Devi and her minor son, Bhagwan, is that the late Om Prakash (their husband and father, respectively) hired the said tractor No. RJE 3487 from its owner, Sukha (opposite party -appellant No. 2), got loaded a few bags of grain in its trolley for transporting them from his village Loharikalan to Deoli, he also sat in the trolley, the said tractor turned turtle near the village Gadoli due to rash and negligent driving on the part of its driver, Ram Deo (opposite party -appellant No. 1), and as a result thereof Om Prakash died on the spot. They were fully dependent upon him, he used to pay Rs. 450 per monthto meet the expenses of the family and he was 25 years old at the time of death.

(3.) THE United Fire and General Insurance Co. Ltd. (opposite party -respondent No. 3) admits in its reply that the said tractor was insured with it on the date of the accident, it is not liable to pay any amount of compensation, there was breach of the specific terms of the policy and the late Om Prakash was a gratuitous passenger.