^/ ^^ •® IN THE mGH COURT QF JUDICATURE AT BILASPURrc.G.^ OF 2006 M.A. No. (APPEAL VALUED AT Rs.3.80.200 /-^ APPEAL UNDER SECTION 173 OF THE MOTORVEmCLES ACT. 1988. APPELANT ^NON- APPLICANT N0.3) '••^<&/'" RESPONDENTS 'rAPPLICANTNo.l') (APPLICANTN0.2) ^ Branch Manager, ,'United India Insurance Company Limited,Near Ram Mandir Ambikapur, Distt. Sarguja (C.G.), Through: Its Divisional Manager Divisional Office,Main Road,Korba, Distt.-Korba (C.G.) VERSUS :1. Smt. Savitri Devi widow of Santosh Aged about 20 years.- Caste- Bargah, Occupation- House Wife. •' ^ :2- Kumari Manisha D/0 Santosh ^ Aged about one & half years, Minor- through- mofher-Smt Savitri Devi Wd/0- Sqntoah Bargah,(respondent no.l) ^^ (APPLICANTNo3) (^PPLICANTNO.4) :3.s Nandu Ram S/0 Katwar Ram ^ Aged about 40 years, Occupation- House work. :4.^ Phuhnet Bai W/0-Nandu Bargah aged about 36 years, Occupation- House work. All are R/0- ViU.- Aara, P.S.- .Dhaurpur, Tahsil - Rajpur, Distt. Surguja (C.G.) (NON-APPLICANTN0.1) 1 :5,< Sukfa Sai SA3-Saban Panika aged • / about-22years, caste-Panika, occupation-Driver, ^ (NON-APPLICANTN0.2) y :6. <•»'^ ^ Mohd. Yasin S/0- Mohd. Jamaluddin aged-SSyears, occupation- Farmer Respondent no.5 &6 are R/0- ViU.- Aara, P.S.- .Dhaurpur, Tahsil - Rajpur, Distt. Surguja (C.G.) fll Being aggrieved by the award dated 04/04/2006, passed by Shri T.R. Churendra,'",1st Additional Motor Accident Claims Tribunal, Ambikapur, Surguja (C.G.), in claim case no. •yf' 4/2005,(teetween the parties Smt. Savitri Devi & others Vs. Sukh Sai & others ), the appellant Insurance Company prefers this appeal on the following facts and grounds amongst others:- FACTSQFTHECASE DIVISION BENCH: I.W.' a s.-.'^t... aai AA P» ^e<l>, — ^s_s ^ &. s°?s> a^s a fiA - e^ ms^.rK^i^n^i^j s ^u'fl^^K i.ST^S_SS^ A United India Insurance tomDany Limited rres^HT /nr. S.P. Soihu, Adyocate for respondent No.l TO 4. Sv\i f FSiAi ifcii av\if?i 1 j ^A^ /-i»jtW\<\Ai S> | Vi i S.-'w'I^Vi iUS*i i i ^t i -'r\/*\<'« 0&r;cB (OraO ?ni 1. i lie aDoeltant-lnsurance c.'omDanv has tiled 04.04,2006 oas the imDuanad is miscelianeous aoDea bv the learned 1 A< Motor Accident Claims Tribunai, Ambikapur, Surqu.ia ICG) (tor bi Clalms Tribunai') in Claim Case N0.4/2005 portly ailowinq the claim gainst itional or i f' is.3,80,200/- and fastening liability on The appellant herein to Day The sald 2. Facts of the case. in brief. are that on 24.12.04 deceased 5antosh was traveiinq in the Tractor and due to ro.sh & neqliqent drlv'ma of the driver of to The hospital where parents of the de compensation to the around that the ^. W'ere fell down and received head injury. He was Taken died. Ths claimants, who are widow, children and deceased, have f'iled a claim application claimina of Rs. 14.32.000/- under various heads on the ;ceased was The only earninq member in the family and is earninas. 3. I-earned Claims Trjbunal, after considerinQ the issues framed bv jt and also evdence brought on record by the parties, allowed the claim application the claimants and awarded a compensation ot Rs.3,80,200/- alona wi1ti sst @ 9% D.a. and saddled the apDeIlant herein with paying the amount involved in the imDuqned ""^ .y ,^'"v^si '•%, .. ^' . '^ "^- ^ ^t^i^s^ ^ 4. Ws have heard learned counsel tor tlie Darties the Claims Tribunal as also the impuqned award. 3. Un oerusal ot •ttie record. we tound Mohammed Yasin i.e. resoondent examination that the tractor was on The road and his tractor does not >.6 shows 6 herein. has stated in his cross- enaaaed to unload small stones (W€i) aqncultur'al Whereas. DurDoses but the same was beina used for commercial the insurance policy was a 'Farmer Package Policy' for ths purposes and even ttie tractor was also purchused tor aqricultural purposes is n< covered In the insurance poticv. Theretore, in view;of the ract That There icy by usinq the Tractor tor o*her than jcultural Durposes, we are of the firm opinion fhat the apDeilant- Insurance Company could not have been held Ijable to pay compensaition and should have exonerated by ffie Umms 6. For the foreaoinq reasons, we aliow this aooeal. seT aside the award dated 04.04.2006 passed by the Tribunal in Claim Case No.4/2005 so far as it retates To tasteninq ot iiabili-ty on the appellant-lnsurance C-ompany and hoid That the apoeilanT-Insurance Companv is not liabie to pay compensation to The claimants invoived in •the imDUQned award and the same shal! be pald by 1tie owner ot Tractor in auestion i.e. resoondent No.6 herein. Xn case anv amount deposited by the aDDeliant-lnsurance t.'ompany has been withdrawn bv the claimants. it will be ooen for it to recover the same from The owner of vehicie. However. if the amount. so deDosited. has not been withdrawn so far. the Insurance CorcDainy shall be allowed to withdraw The same. Rest ot The.c5nditions and findinQS of the imDugned award are herebv confirmed. It is hereby ctantied tliat the clainnants are free To execute the award aqainst CertiTied CODY as per ruies. Sd/- I.M.Quddusi Judge Sd/- Prashant Kumar Mishra Judge Bi»