SAJID MIAN Vs. GANGA

JUDGEMENT

(1.) ALL the above appeals are disposed of by one single order as they arise out of the same accident.

(2.) BRIEF facts of the case are that on June 6, 1984, Dev Karan, Rang Lai and Ratan along with many other persons had gone, sitting in a trolley attached to tractor No. RJX 1313 for visiting temple of Ganeshji situated in Ranthambore Fort. While returning back, on the slope, trolley overturned on account of which Rang Lal, Dev Karan and Ratan died while many other persons received injuries. The tractor was being driven by Fareed Mian. Three claim petition Nos. 115 of 1984, 116 of 1984 and 26 of 1985 were filed by the claimants of the above -mentioned three deceased persons. All the above -mentioned claim petitions were consolidated by order dated January 20,1987 by the learned Motor Accidents Claims Tribunal, Sawai Madhopur. It may be further mentioned that the original owner of the tractor was Narain who had sold the tractor for a sum of Rs. 26,000/ - on 7th September, 1981 to Sajid Mian. The insurance policy for the period from August 25,1983 to August 24, 1984 was, however, issued in the name of Narain. Fareed Mian, who was the driver of the tractor, Sajid Mian, the owner of the tractor, Narain, the original owner of the tractor and United India Insurance Co. Ltd. as insurer were imp leaded as parties, to the above -mentioned claim petitions. The claimants also filed an application under Section 92A of the Motor Vehicles Act for awarding immediate compensation under no fault liability. Learned Tribunal by order dated August 29,1987 passed an order directing Sajid Mian to pay compensation of Rs. 15,000/ - each in all the three claim petitions. Sajid Mian aggrieved against the order has filed the above -mentioned Misc. Appeal Nos. 323,324 and 325 of 1987 alleging that he was not liable to pay the above compensation awarded under Section 92 -A of the Act.

(3.) I have heard Mr. S.M. Ali for the appellant Sajid Mian, Mr. AK. Luhadiya for the United India Insurance Co. Ltd. and Mr. N.K, Jain for the claimant -respondents. The only controversy which has been raised in these appeals is whether the insurance company is liable to pay the compensation or not. In order to decide this controversy, the relevant facts are that the tractor No. RJX 1313 originally belonged to Narain. The insurance policy covering third party risk was made in favour of Narain. Narain sold the tractor for a sum of Rs. 26,000/ - to Sajid Mian on September 7, 1981. In spite of the tractor having been sold on September 7, 1981, the policy used to be issued in the name of Narain though the premium was paid by Sajid Mian. The accident took place on June 6,1984 and it is an admitted fact that the tractor in question was insured for the period from August 25, 1983 to August 24, 1984, but the insurance policy stood in the name of Narain. Learned Tribunal in the above circumstances took the view that after the sale of the tractor in favour of Sajid Mian on September 7,1981, Narain and the insurance company were not liable to pay compensation. It may be mentioned at this stage that the only argument raised before me in these appeals was whether the insurance company can be held liable or not in the facts and circumstances held proved by the Tribunal as mentioned above.