ASHOK MAHESHWARI Vs. CHOTHU MOOLA

JUDGEMENT

(1.) THIS appeal by the claimants involves for decision only a short point relating to the liability under comprehensive policy of insurance issued by the Insurance Company (third respondent).

(2.) CONTEXTUAL facts depict that on February 18, 1987 claimant Ashok Maheshwary and his wife Madhu (deceased) were proceeding on Luna bearing No. RNL 3344 owned and driven by the claimant Ashok Maheshwary and was under comprehensive insurance policy issued by third respondent. Around 5.30 p.m. Tractor No. RSB 2213 collided with Luna as a result of which Madhu fell down and wheel of tractor crushed her. The claimants who are legal representatives of the deceased filed claim petition before the Tribunal. Third respondent filed written statement wherein it was pleaded that as there was no rash and negligence on the part of driver of Luna the third respondent was not liable to pay compensation. The Tribunal framed issue No. 4 in this regard, decided it against the claimants and exonerated third respondent from the liability.

(3.) RATIO indicated in Minu B. Mehta v. Balkrishna Ramchandra Nayan 1977 ACJ 118 (S.C.) and Oriental Insurance Co. v. Sunita Rathi : AIR1997SC4228 , is not applicable to the facts of the instant case. Here cause of action arose to the claimants to claim compensation against the third respondent.