New India Assurance Company Limited vs Smt. Laxmamma and Another

Elipe Dharma Rao, J.—This Civil Miscellaneous Appeal is filed being aggrieved by the Judgment and decree dated 12-2-1993 passed in O.P.No. 343 of 1991 on the file of the Motor Accidents Claims Tribunal, Mahabubnagar. The respondent No. 2 the New India Assurance Company Limited, in the O.P., is the appellant herein.

The respondent No. 1 herein, filed the above O.P., before the Tribunal below u/s 166 of the M.V. Act claiming a compensation of Rs. 30,000/- for the injuries received by her in the accident that occurred on 10-3-1991. She mentioned in the petition that on 10-3-1991, she along with other labourers of her village were engaged by R-1, for loading and unloading the bricks that were being transported to the house of R-1 in his tractor and trailer No. ATW. 2194/ AHH. 2099 and at about 11-30 a.m., while they were taking the load of bricks in the trailer, the driver of the tractor drove the tractor in high speed and in rash and negligent manner and the tractor turned turtle with the trailer by the side of the road, resulting in injuries to the petitioner and other labourers, and she was shifted to Wanaparthy Hospital for treatment. It was further stated that she was 35 years old at the time of accident, and she received multiple injuries, and she sustained permanent disability to her left hand and she cannot do any work and that she was earning a sum of Rs. 25/- per day by doing labour work.

The Tribunal below, upon consideration of the oral and documentary evidence, held that the accident occurred due to the rash and negligent driving of the Tractor/ Trailer No. ATW. 2194/AHH. 2099 by its driver and ultimately passed an award for the amount of Rs. 21,000/- with interest at the rate of 15% from the date of petition till the date of realisation.

Aggrieved by the said order, the respondent No. 2, the Insurance Company has filed the present appeal, contending that the Tribunal below erred in holding that the appellant is liable to pay compensation. It is further contended that the Tribunal below failed to see that the vehicle should only be used for agricultural purpose, but in this case the vehicle was used for carrying bricks and therefore, it is not liable to pay compensation and hence the policy issued does not cover such risk. Therefore, the appellant prayed to allow the appeal.

The evidence of R.W. 1 the Administrative Officer of the Insurance Company discloses that the tractor was registered with them for using it for agricultural purpose and the terms and conditions mentioned in the policy were violated by respondent No. 1 by using the Tractor for non-agricultural purpose i.e., for carrying bricks. Basing on the above evidence, the learned Counsel for the appellant herein contended that the Insurance Company is not liable to pay compensation. I find much force in the contention of the learned Counsel for the appellant, as the policy was issued in respect of the vehicle for using it for agricultural purpose. But in this case, the owner of the vehicle, used it for carrying bricks to his house by engaging labourers and the said vehicle, met with an accident, in which the petitioner sustained injuries. Therefore, the company is not liable to pay compensation, because the policy which was issued in respect of the vehicle, was for using the vehicle for agricultural purpose, but it was used for the purpose, other than agricultural operations.

It is submitted by the learned Counsel for the respondent that 50% of the compensation awarded by the Tribunal below was deposited by the appellant herein and the same was withdrawn by the respondent herein and therefore, the Insurance Company is not entitled to recover the same. As it is held that the Trailer was used for the purpose other than agricultural operation the Insurance Company is not liable to pay any compensation. The Insurance Company is at liberty to recover the compensation already deposited and withdrawn by the claimant from the owner of the vehicle.

Accordingly, this appeal is partly allowed. No Costs.