NATIONAL INSURANCE CO Vs. MEERA

JUDGEMENT

(1.) THIS appeal has been filed by the insurer against the award of the motor Accident Claims Tribunal, Ghuru, dated 23-11-1995 decreeing the claim for a sum of Rs. 1,45,000, and holding. the appellant also liable.

(2.) THE claim petition has been filed by the heirs and legal representative of the deceased Pappu who died in the accident on 5-12-1994.

(3.) THE necessary facts are that the deceased is said to have been employed with the defendant No. 1-Begraj on daily wages of Rs. 40/- as labourer, and was also working as agricultural labourer with Begfaj who used to sent him with his tractor. It is then alleged that on fateful day the tractor No. RJ 10/r. 0375 was sent by Begraj along with his driver son Chhagan on the field of Ladu ram Godara along with Pappu-deceased for thrashing of the crop. In the process of thrashing when there was some obstruction pappu was clearing it, at that time the tractor was operated rashly and negligently unmindful of hand of Pappu being there in the thrasher due to, yrhich the hand and neck of pappu got cut and resultantly Pappu died. With these averments the owner-defendant no. 1-Begraj, driver Chhaganlal defendant no. 2, and defendnt No. 3 National insurance Co. Ltd. present appellant have been claimed to be responsible. Since the quantum of compensation etc. are not in controversy, i need not detain myself for those facts. The appellant contested the claim inter alia on the ground that the facts have been concocted, the amount claimed is excessive, and that the insurer is not liable for any compensation. It was also pleaded that the accident occurred on account of negligence by the son of the owner, and for this no premium was paid. It was pleaded that actually, tractor was got insured, perhaps meaning thereby that the thrasher was not insured, trie driver was also not holding any valid driving licence. Thus, the insurer denied its liability.