NATIONAL INSURANCE CO LTD Vs. KESHANTI

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment and award dated 11th March, 2005 whereby the Motor Accident Claims Tribunal, Gangapurcity, decreed an amount of Rs.3,03,500/- in favour of the claimants-respondents No.1 to 5 and against the appellant-Insurance Co. and respondent Nos.6 & 7 jointly and severally.

(2.) THE background facts of the case, in nut shell, are that the deceased Vishambhar was working as a helper on Tractor No.RJ-25-R-6862. Shri Bhoor Singh was its driver. It is alleged that when they were carrying the sand in trailor of the tractor for pouring the same on the sail of dam (???? ?? ???), the driver of the tractor suddenly took a sharp turn at a fast speed, with the result, the tractor turned turtle and Vishambhar sustained injuries on his head. He succumbed to injuries on the way to hospital.

(3.) LEARNED counsel further canvassed that the decisions of the Supreme Court rendered in the case of New India Assurance Co. Ltd. Vs. Asha Rani & Ors. as well as National Insurance Co. Ltd. Vs. P. Chinnava and Ors. were not considered by the Tribunal on this point and capriciously rejected the plea of the learned Counsel of the Insurance Co. LEARNED Counsel further canvassed that it was not proved that the deceased Vishambhar was employed on the said tractor entailed in the accident. The manner, in which the story of the accident has been presented before the Tribunal, tangibly suggests that no such accident of the Tractor ever occurred. Hence, the liability to pay the compensation cannot be fastened upon the-appellant-Insurance Co. and thus, the impugned award deserves to be set aside.