NATIONAL INSURANCE COMPANY LTD. Vs. BINOD SINGH

JUDGEMENT

(1.) This appeal is against the order and award dated 23.5.2008 passed in Claim Case No. 27 of 2006 by learned Motor Vehicle Accident Claim Tribunal, Chatra. By the said award, learned Tribunal has directed the National Insurance Company Ltd.--the appellant to pay interim compensation under Section 140 of the Motor Vehicles Act to the claimants. The award has been challenged mainly on the ground that learned Tribunal has not considered the denial of liability by the Insurance Company. It has been submitted that the vehicle was insured with the appellant with the clear condition that the vehicle shall be used only for the agriculture purpose. At the time of accident of ill-fated tractor, it was used for carrying passengers. The vehicle was not registered for such purpose and hence the Insurance Company cannot be held liable for payment of compensation as claimed by the claimants. Learned Tribunal has not taken into consideration the said objection of the Insurance Co. and has arbitrarily rendered the impugned award.

(2.) Learned counsel appearing on behalf of the respondents, on the other hand, submitted that the tractor was insured with the appellant and on the fateful day the claimants, who were the sellers of vegetables and fruits, were also traveling with their goods i.e. 6 baskets of vegetables and 4 baskets of fruits to Mahugain from Pratappur. They were not the passengers as has been alleged by the appellant. Plea taken by the appellant is baseless and has been rejected by learned Tribunal after taking into consideration the relevant aspects and materials on record.

(3.) Having heard learned counsel for the parties, I find substance in the submission of learned counsel for the respondents. Learned Tribunal has considered the relevant facts and materials on record and has found that the vehicle was insured with the appellant and the vehicle met with accident due to rash and negligent driving by the driver Yogendra Sao. The accident caused serious injuries to the victims Asha Devi and Rajia Devi which proved to be fatal and they died. Learned Tribunal has, thus, rightly held the appellant liable and has made the said interim award under Section 140 of the Motor Vehicles Act.