NEW INDIA ASSURANCE COMPANY LTD Vs. MADAN LAL

JUDGEMENT

(1.) THE present appeal has been filed by the appellant (original non-claimant No.5) New India Assurance Company Limited, challenging the award dated 22.03.2001, passed by the MACT Baran, (hereinafter referred to as the said 'Tribunal') in claim petition No.49/99, whereby the Tribunal has awarded Rs.1,58,000.00 with interest @ 9% per annum from the date of filing of the claim petition till realization, for the death of Bhim Raj son of the present respondents No.1 and 2 (original-claimants), holding the present appellant, respondents No.1 and 2 (original non-claimants Nos.1, 2 and 5) liable to pay the said compensation and exonerating respondents No.5 and 6 (original non-claimants Nos. 3 and 4).

(2.) THE short facts giving rise to the present appeal are that on 14.04.1999, the deceased Bhim Raj, son of the claimant, aged 16 years was travelling in the trolley bearing registration No.RNO-9138, loaded with the fodder, which was attached with the tractor bearing registration No.RJ-08-R-0755. The said Bhim Raj slipped down from the trolley, which resulted into his death. The said tractor at that time was driven by the present respondent No.3, owned by the respondent No.4 and was insured with the appellant-insurance company, whereas the trolley was owned by the respondent No.5 and was insured with the respondent No.6-insurance company. The respondents No.1 and 2, the claimants filed the claim petition bearing No.49/99 against the appellant and on respondents No.3 to 6, claiming compensation before the Tribunal to the tune of Rs.5,30,000.00 for the death of their son Bhim Raj.

(3.) THE respondent No.6, the insurance company also filed a separate reply contending therein inter alia that the said trolley was authorized to be used only with the tractor No.RNO-9172 and since the tractor in question with which the said trolley was attached was used for the purpose other than the agriculture purpose, the said insurance company could not be held liable to pay to the compensation.