IN^THEHIC^^G)UR3'WMBIGA^I^^ fCiHHM'EISG^RHI ::^MI§G.APPE^L.ND:.t7:OF'260^ ^APPELIANT <^INSURER S ^The Oriental Insurance Co. Ltd., through its .Divisional, :Manager,SDivislcin:al QBice,' ' , Opiposite HigU eourt, - •Baaspur[CG) VERSUS w /7 RESPONDENTS ^ ^- ; .1. Rama s/o Ra.rnprasaa Satnami aged about 4Q years. '.I'^'V!.. ."• '-:- ':•''•'• . .' '. • '• . '"/^- ••'•..".'. :'fc- ; . • .' . • ..:. • ' . . .'• '. ' • •'. •'•... • - ;S!^(2handa Bai w/ Q Rarua?Satnalni agfed.about 35 years. ' 3. Krishna Kumar s/o Rama ^ ^::T gatnami, aged :ab6ut 1M years. (Minor) ffirougK^his natural ^?&<».3'gJ;taidian'Ia<;heF>Raina's^o'Ram ^%^~i's:^*®i5a.saa;l/§afnamL^':':::.',:":^ ;,•':', , !'-%^^-'l ^^^'"^ ^; <?P<:i'tf4':^''' , .-"I ^- ^^ • '.: •.'. t-^^> 'y iCTniiii'in ;'1.;:^ [ 'Ktifii.aboye ff^ village- ®f^g||Ei>alau;sair:L,^;S:.^.Tehsil- :;^:^:.'i:%g;M}iBgeli^Elistncti ;" : i,|®ilaspar(C.G.).'.,:.•:!.: .. (CI^IMANTS) • ^ PyhuilraRis/o Ramprasad, aged 33^yea.rs,^Tytavillage- _^Kohadeelia, ; ' i Tehsil-Mungeli,: , ,' Dist.Baa.sgur(C©).- . .i.fDRIVER) ; - • , ^;';^^^<:^i'?II^^^ajBB^^'%:'l:%r' ^^SSatnatm,'' ??•.; l'^?;:/;'!'.. ''tifr:;®? l;^'^'^iil?aged?2®^ears,F%c)|:vUlag|-|:i^;;:^— Ma.npuri..-"^ Mw •^•K'^'i! S;:. • •",•';:"?.&.&^eh^l-Myiageli,|I|)is1|Ficfs-/ ^;::-^ila.STOK(@-G-^S8 : :;?i:''<^li ^^ ;;-:^,^.;.^rS^a%U^e:^em86ara^^,.:%^^ ;:: ;< .g[:''No.€'Wipur:^iisit.]^ |<S%fe ::(0%:|BR:|%1h|g,,JM;j|;j l;;.l !NiOaC! ilii wsss^ ^KVi:^^ /TRgi|0%@ ;:ioga)2;i;iil%gi ^TRiagE^ii@.®iiii l::io|j||4i|||jjgssii ^Kffil%"!^^l"eiil;<;M !iii . !!',1:J/.U; >j^' -^i:) L"!K.;iiiuiLi^SF tt71^ ^^^'"^rTF"<'K6ctt?»^lfe^lttAa •• M^'. ss IBB; IS111 VS& MSS i@^%%^;:3^^ ^Si^M ••^^'^'SI i3E S ">•?;'' ..API^^U/S;1%3.0R] ^Q^%E^IGI^^ .^.M^Il3^c>Rll}^^Bla' SMS2la;K "BS: THE ^^DI'I^NAiE^gCaAffiI'St^IBIJS^ ;;MUNGELI. 'BISTRICT BIIASPUR E&MM-'GKSE N 6iSQ03. . : ; ~., Aoptetlvalued atRs.i?K'lt3.6QO/- CourtFeieafBxedRs.IS/- BRIEF E&CTS. OE THE CASE w HIGH GOURTOF CHHATTISGARH AT BILASPUR DIVISION BENCH: HON'BLE MR. I.M.QUDDUSL& HON'BLE MR. G. MINHAJUDDIN. JJ. M.A.. ^No. 17/2004 Appellant Insurer Respondents/ Vs The Oriental Insurance Co. Ltd., Bilaspur Rama and others Present: Mr. AbhishekSinha, counsel for the .appellant. Mr. John Lal, counsel for respondents No. 1 to3. None for respondents No. 4 &5 , though served. 1 ORDER(Orall ^ (22nd September, 2011) Per I.M. Quddusi, J; 1. This appeal has been filed by the appellant/insurance company against the award dated 11 September, 2003 passed by the Additional Motor Accident Claims Tribunal, Mungeli Bilaspur (in short "the Tribunal") in Claim Case No.09/03 insofar as it has fastened the liability to pay compensation on the appellant/insurance company. 2. Brieffacts ofthecase are that on 30.12.2002 respondent No.5 took the tractor to Motinpur Quarry for excavating and transporting muroom and for the purposeof excavation, he had taken Ovaram as a labourer. While Ovaram was digging muroom, at that time respondent No.4 was negligently moving the tractor to and fro, and on account of pressure of the tractor, muroom collapsed and fell on Ovaram. Ovaram in order to save his life, moved away his head, but unfortunately his head hit the nut-bolt of rear wheel of another tractor and/ he sustained grievous head injuries and fell unconscious. He was taken to Mungeli Hospital in the tractor, hbwever, on the way he died*- 3, At the time of accident, the deceased was 23 years of age and earning Rs.2000/- by doing agricultural work for three months and Rs.5000/- by doing labour work at Delhi for nine months. The claimants, whb are parents and younger brother of the deceased, ,<(s^" &i^h^^ :'^^:. 2- being his legal heirs filed a claim petition under Section 166 ofthe Motor Vehicles Act, 1988 (in short "the Act, 1988") for a total compensation of Rs.9,70,000/- against the death of Ovaram under various heads. 4. However, learned claims Tribunal, after close scrutiny of the evidence adduced before it by the parties, awarded a total compensation of Rs.3,43,600/- in favour of the __claimants, by fastening the liability upon the appellanVinsurance company, jointly and severally, along with owner and driver of the vehicle. 5. Heard learned counsel for the appellants and the claimants, perused the LCR as also the impugned award. 6. Since the use of the tractor for the purposes of excavation of muroom and was not being used for agricultural purposes and the insurance policy was a Kisan Package Policy, by which the tractor could be used only for agricultural purposes, which has not been disputed by the owner and driver of the vehicle and also merg intimation Ex.A/3 shows that the accident occurred as a result of excavation of muroom in the quarry, there is breach of conditions of the insurance policy and therefore, the insurance company cannot be held liable to pay compensation to the claimants. 7. In view oftheabove, the appeal is allowed, the impugned award, so far as it relates to fastening of liability to pay compensation upon the appellanVinsurance company, is hereby setaside and the appellant/insurance company is exonerated from its liability to pay compensation to the claimants. However, it will be open for the claimants to realize the amount of compensation from the owner of the vehicle. 8. The amount deposited by the appellant/insurance company shall be allowed to bewithdrawn byit and ifthe same has been disbursed to the claimants, then the agpellant/insurance company shall be en^tled to_recoveritfrom the owner of the vehicle. F——• '1'-''.-' 'Sd/-: . LM.<}uddusi ihidge .•.•..:;;:Sd/-,-,,.-' 'G.MinUajuddin :^:-'ri.::,;'Judge;.'?