NATIONAL INSURANCE COMPANY Vs. KAMALA DEVI AND ORS.

JUDGEMENT

(1.) Appellant / Insurance Company has preferred the present appeal under Section 173 of the Motor Vehicles Act, 1988 claiming the following relief:-

(2.) An unfortunate accident had happened on 13.01.1997 when deceased Ram Kumar, after doing the work in connection with his engagement with the owner of the tractor bearing registration No.RJ 13-R 9681, was travelling in the tractor; while the said tractor was being driven rashly and negligently by its driver Banwarilal, Ram Kumar fell down from the tractor, resulting into his death.

(3.) Learned counsel for the appellant / Insurance Company submitted that deceased Ram Kumar, who was travelling in the tractor, admittedly, as a passenger / workman cannot be indemnified by the Insurance Company, in light of the fact that he cannot be considered as a third party.