ORIENTAL INSURANCE CO. LTD. Vs. DULARI DEVI

JUDGEMENT

(1.) The Insurance Company has preferred the instant appeal against the judgment and award of compensation under Sec. 166 of the MV Act in M.V. Case No. 36/2003 by 1st Additional District Judge-cum- Motor Vehicle Accident Claim Tribunal, Palamau.

(2.) The judgment has been assailed mainly on the ground that it is a case of breach of the terms and conditions of insurance policy by the owner of the offending vehicle, as passengers were allowed to travel on a goods vehicle and therefore the Insurance Company under Sec. 149 of sub Sec. 2 (a) was not liable to pay the compensation amount.

(3.) As per the case of the claimant the deceased Dudun Ram aged about 18 years was labourer working on the tractor on a monthly income Rs.2000.00. On 22/3/2002 while the deceased was going on the tractor, the tractor overturned due to rash and negligent driving of the driver resulting in his death.