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2015 DIGILAW 1193 (HP)

National Insurance Company Ltd. v. Honaifa Bibi

2015-08-28

MANSOOR AHMAD MIR

body2015
JUDGMENT : Mansoor Ahmad Mir, J. The insurer has questioned the award dated 8th August, 2008, passed by the Motor Accident Claims Tribunal-II, Solan, District Solan, Camp at Nalagarh, (hereinafter referred to as “the Tribunal”) in M.A.C. Petition No. 8NL/2 of 2007, whereby compensation to the tune of `5,89,200/- with interest at the rate of 12% per annum, from the date of filing of the claim petition till its realization, was awarded in favour of the claimants-respondents No. 1 to 5, herein and the insurer-appellant, herein was saddled with liability (for short, the “impugned award”). 2. The claimants, owner and driver have not questioned the impugned award, on any count. Thus, it has attained finality, so far as it relates to them. 3. The insurer has questioned the impugned award on the ground that the Tribunal has fallen in an error in saddling it with the liability. 4. Heard. 5. The claimants have specifically averred in para-23 of the claim petition that they had hired the offending vehicle, i.e. tractor bearing registration No.HP-12A-5637 on the occasion of ‘Vishavkarma Day’ and were going towards a Nullah near Vardhman for ‘Murti Visarjan’. It is apt to reproduce para-23 of the claim petition herein: “23. The accident took place on 18.09.2006 at about 4.30 p.m. near Tempo Union, Baddi, when the deceased and other persons boarded a Tractor which was hired by them on the occasion of Vishavkarma Day and they were going towards a Nullah near Vardhman for Murti Visarjan. In the meantime the respondent No. 2 who was driving the said Tractor in a very rash and negligent manner could not control the vehicle. The respondent No. 2 lost control over his vehicle and caused the said Tractor to get turned upside down. The Accident was caused due to the rash and negligent driving of the vehicle No.HP-12-5637 at the relevant time by the respondent No. 2. Due to the upside down turning of the said vehicle, the deceased fell down and was badly crushed which resulted in his death.” 6. Owner and driver have filed joint reply to the claim petition and have denied the averments contained in the aforesaid para of the claim petition. 7. The insurer has not specifically denied the averments contained in para-23 of the claim petition. 8. The claimants in the claim petition have specifically averred that they had hired the offending vehicle. Owner and driver have filed joint reply to the claim petition and have denied the averments contained in the aforesaid para of the claim petition. 7. The insurer has not specifically denied the averments contained in para-23 of the claim petition. 8. The claimants in the claim petition have specifically averred that they had hired the offending vehicle. The Insurance Policy Ext. R-2 is on the record, which does disclose that the tractor in question is not a passenger vehicle and can be used only for the purpose, for which it was registered and the risk is only covered for the driver and workers and not for the persons, who had hired it. 9. Having said so, I am of the considered view that the Tribunal has fallen in an error in saddling the insurer with the liability. 10. At this stage, learned Counsel for the insured and the owner stated at the Bar that the deceased was working as a labourer. 11. It was not a case of the claimants before the Tribunal. 12. Having said so, the insurer is held liable to satisfy the impugned award with right of recovery. 13. Accordingly, the appeal is disposed of and impugned award is modified, as indicated hereinabove. 14. Learned Counsel for the appellant stated at the Bar that the amount stands already deposited before the Tribunal. The Tribunal is directed to release the awarded amount in favour of the claimants, strictly as per the terms and conditions contained in the impugned award. 15. The insurer is at liberty to move an application for recovery before the Tribunal. 16. Send down the records after placing a copy of the judgment on the Tribunal's file.