NATIONAL INSURANCE CO LTD Vs. OM PRAKASH

JUDGEMENT

(1.) Instant appeal has been preferred by the appellant National Insurance Co. Ltd. against the judgment and award dated 10.4.2003 passed by Motor Accidents Claims Tribunal, Aklera in Claim Petition No. 34 of 2000 whereby the claim petition of the claimant has been allowed and an award of compensation of Rs. 60,000 with interest at the rate of 9 per cent per annum from the date of filing the claim petition, i.e., 29.5.2000 has been passed.

(2.) Facts is brief giving rise to this appeal are that claimant Om Prakash sustained grievous injuries while he was going to his village in a tractor No. RJ 17-R 2692 and trolley No. RJ 17-E 0994 which was overturned due to rash and negligent driving of its driver Banwari Lal.

(3.) Owner and driver of the tractor filed reply denying their liability, while National Insurance Co. Ltd. also filed separate reply stating therein that tractor was insured for the agriculture purposes but it was being used for carrying the passengers against the terms and conditions of the policy.