1 S.B. Civil Misc. Appeal No.1384/2008 National Insurance Co. Ltd. vs. Surjan Singh & Ors. S.B. Civil Misc. Appeal No.1384/2008 National Insurance Company Ltd. vs. Surjan Singh and others. Date : 7.1.2009 HON'BLE MR. PRAKASH TATIA, J. Mr.Sanjeev Johari, for the appellant. Mr.Rajesh Panwar, for the respondents. - - - - - Heard learned counsel for the parties. The appellant insurance company is aggrieved against the award dated 27.6.2008 passed by Motor Accident Claims Tribunal, Parbatsar in MACT Case No.173/2006. In the accident dated 23.9.2006 by the tractor No.RJ 21 RA 4043, one young boy Munna of age of 5 years died and the claimants, father and mother of the deceased, submitted claim petition wherein after trial, the Tribunal assessed the notional income of the deceased as Rs.15,000/- per annum 2 S.B. Civil Misc. Appeal No.1384/2008 National Insurance Co. Ltd. vs. Surjan Singh & Ors. and applied the multiplier of 15 and awarded total compensation of Rs.2,25,000/- to the claimants. According to learned counsel for the appellant, the deceased was traveling in the tractor and he fell down and he died. Since he was passenger on the tractor, therefore, the insurance company cannot be held liable to pay the compensation. Learned counsel for the appellant relied upon the FIR, copy of which has been shown to this Court, whereby the learned counsel for the appellant submitted that it is clear that in the FIR, it is mentioned that Munna was traveling in the tractor. I considered the submissions of learned counsel for the parties and perused the FIR as well as the documents prepared by the police during investigation. The claimants stated that deceased boy Munna was going with his mother on 23.9.2006 from their house to their agricultural field and on way, the non-applicant no.1 came with the tractor no.RJ 21 RA 4043 and hit the boy Munna, because of which, 3 S.B. Civil Misc. Appeal No.1384/2008 National Insurance Co. Ltd. vs. Surjan Singh & Ors. Munna died. Report for this accident was lodged and copy of which has been placed as Ex.1 on record. The report contains quite vague facts which have been interpreted to mean that boy Munna was also traveling on the tractor whereas the site inspection report dated 28.9.2006 clearly explained how the accident occurred and also made it clear that boy Munna did not fell down from the tractor. There is also no reason to disbelieve the statement of AW1 victim's mother Santosh Kanwar who stated that the accident occurred when she was going with deceased Munna and deceased Munna was hit by the tractor. In view of the reasons, I do not find any merits this appeal and the same is hereby dismissed. (PRAKASH TATIA), J. S.Phophaliya