UNITED INDIA INSURANCE COMPANY LTD. Vs. DEOBAI

JUDGEMENT

(1.) THIS appeal has been preferred by the Insurance Company aggrieved by the award dt. 17.10.1997 passed by the learned Motor Accident Claims Tribunal, Pratapgarh ('the MACT'), whereby an award of Rs. 1,50,000/ - has been passed in favour of the claimants on account of death of one Devi Lal. Brief facts of the case are that deceased Devi Lal was travelling in a Tractor No. RJH -6513, which was attached to a Trolly No. RJH -6514 as part of a marriage party. When the said vehicle reached Village Gandher, another tractor being Tractor No. RJH -7287 attached with a Trolly No. RJH -7290 struck the trolly in which, deceased Devi Lal was travelling and the trolly turned turtle, whereby the said Devi Lal received grievous injuries and died.

(2.) THE claim petition was filed by the legal representatives of deceased Devi Lal claiming a sum of Rs. 3,16,000/ - for untimely death of deceased Devi Lal. The claim was resisted by the owners of both the vehicles as well as the Insurance Company, which happens to be the same, for both the vehicles.

(3.) THE Tribunal after evidence was led by the claimants and the owners of the tractors came to the conclusion that the accident occurred on account of rash and negligent driving of Jeevan Lal, who was driving the Tractor No. RJH -7287 rashly and negligently and, therefore, the owners of the tractors namely Bheru Lal and Girdhari Lal and so also the Insurance Company were liable for payment of compensation. While dealing with the issue relating to the liability of the Insurance Company based on the plea raised by the Insurance Company, the Tribunal came to the conclusion that no evidence was produced by the insurance company and it was incumbent on the Insurance Company to prove on record that the driver was driving the vehicle by violating the policy conditions and in absence thereof the issue related to violation of policy conditions was also decided against the Insurance Company.