UNITED INDIA INSURANCE CO. LTD. Vs. ONKAR

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicle Act, 1988 (for short 'the Act') has been preferred by the appellant Insurance Company, challenging the order dated 25.02.1993, passed by the learned Judge, Motor Accident Claims Tribunal, Tonk (for short "The Tribunal") whereby a sum of Rs. 73,200/ - with interest @ 12% p.a. was awarded to the dependents of Mst. Madhi.

(2.) ON 27.12.1986, Mst. Maghi (deceased) W/o Onkar, aged 32 years, met with an accident and died on the spot while she was engaged in loadingunloading of sand in the trolley RJX 1226 insured with the appellant Company and was attached with the Tractor RJH 1227.

(3.) LEARNED Counsel for the respondents submitted that at the time of accident the trolley was being used for agricultural purposes and the sand was being loaded, unloaded and transported and the deceased was on the trolley for unloading the sand along with A.W. 2 Bhuri, who has appeared as a witness and has supported the aforesaid version.