KAILASHI DEVI Vs. SRINARAIN

JUDGEMENT

(1.) THIS appeal is directed against the order of the learned Motor Accident Claims Tribunal, Dausa (for short 'the Tribunal') dated 30.8.1993 rejecting the claim application of the claimants.

(2.) THE Tribunal in the impugned order has held that the tractor RND 9210 and tractor trolley RNB 8472, whose owners are respondent Nos. 1 and 2, was registered only for carrying out the agricultural operations and since in the accident which occurred on 29.3.85 at 10.00 a.m. in which deceased Laxmi Narain was riding on the said tractor trolley on payment on hire charges at Re. 1 per passenger and who died on account of the said tractor trolley turning turtle on account of rash and negligent driving by the driver of the said vehicle and for the death of Laxmi Narain, the Insurance Company could not be held liable for such user of motor vehicle in violation of the policy condition.

(3.) HOWEVER , the Tribunal has not given any reasons for not deciding the Issue No. 3 which was relating to award of compensation against the owners of the said tractor and trolley. Even if the Insurance Company cannot be held liable in view of the aforesaid position of law, there is no reason why the owner and driver of the said tractor cannot be held liable to pay the said compensation in favour of the claimants on account of the death of Laxmi Narain.