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2011 DIGILAW 2072 (RAJ)

Purushottam v. Urmila

2011-09-23

MOHAMMAD RAFIQ

body2011
Hon'ble RAFIQ, J.—This appeal has been filed by the non-claimant-appellants, who have been directed to pay to the claimant-respondent No.1, a sum of Rs.73,315/- towards the disability of 5% and on various other heads. 2. Contention of the learned counsel for the appellants is that the insurance company ought not to have been exonerated from its liability. The tractor was insured with the insurance company, which has charged the premium to cover the risk of the third party. 3. Shri Gauri Shankar Gautam, learned counsel for the appellants has argued that the tractor was being used for the agriculture purpose. The crop of mustard was being carried therein to sell in the market and even though the driver did not allow anyone in the trolley as passenger, some persons sit in the trolley of tractor without his knowledge. The tractor was being driven in sole speed and suddenly a bus came across the tractor, therefore, in the process of taking the tractor on side, the trolley turned and injury was caused to claimants. 4. On the contrary, Shri Dinesh Kala, learned counsel for the insurance company submitted that the tractor was insured for being used for agriculture purpose, but the driver of the tractor was found carrying on passengers. He even did not have the valid licence and on these facts, the insurance company was exonerated of its liability. 5. Having heard the learned counsel for the parties, I do not find any infirmity in the award. However, at this stage, the learned counsel for the appellants has submitted that an opportunity of at least three months be granted to the appellants for making payment of compensation to the claimants. 6. In the circumstances, it is directed that the amount of Rs.25,000/- which the appellant deposited with the Tribunal may have been paid to the claimants. The remaining part of the awarded amount shall be paid within next three months i.e. upto 31.12.2011. The tractor of the appellants for the time being, may be released, however appellants are restrained from selling it out. In case, appellants fail to make payment within three months as aforestated, the award may be executed against them. With the above observations, the appeal is disposed of.