UNITED INDIA INSURANCE COMPANY LTD Vs. KUSHTI

JUDGEMENT

(1.) THIS appeal by the Insurance Company is directed against the award of the MACT, Jaisalmer dtd. 9. 9. 1997 deciding claim petition

(2.) IN an accident which took place on 17. 8. 1993 when the deceased Pata Ram was sitting on a "patia" near the driver of the tractor in question registered at No. RJ15-R/0058, the tractor met with an accident and he fell down from the said tractor on account of rash and negligent driving of the said tractor by the driver Sh. Surjan Ram and on being crushed by the tyre of the said tractor and trolley, he expired. The claim petition was filed by the legal representatives of the deceased Pata Ram for a sum of Rs. 6,23,000/- and deciding various issues framed by the learned Tribunal, the learned Tribunal awarded a sum of Rs. 1,23,000/- in favour of the claimants.

(3.) THE learned counsel for the Insurance Company Mr. Manoj bhandari submits that the tractor is insured only for agricultural purposes and therefore, the deceased who was travelling in the said tractor as passenger was unauthorised to so travel and therefore, the insurance Company is not liable to pay said compensation as determined by the learned Tribunal in view of Hon'ble Supreme court's decision in the case of National Insurance Company Limited v/s V. Chinnamma and ors. reported in (2004) 8 SCC 697, oriental Insurance Co. Ltd. V/s Brij Mohan and ors. reported in (2007) 7 SCC 56 and National Insurance Co. Ltd. V/s Prema Devi reported in 2008 ACJ 1149, in which the Hon'ble Apex Court has held that gratuitous passengers travelling in goods carriage vehicles are not liable to be compensated by the Insurance Company. The judgment in the case of National Insurance Co. Ltd. V/s Prema Devi was also rendered by the Hon'ble Supreme Court following the previous decision in the case of New India Assurance Co. Ltd. V/s asha Rani reported in 2003 ACJ 1 (SC) wherein it was held that the insurance Company in such cases is not liable to pay such compensation.