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2022 Supreme(J&K) 705

RAJNESH OSWAL
National Insurance Company Limited – Appellant
Versus
Kanta Devi – Respondent


Advocates Appeared:
For the Petitioner: Sanjay K. Dhar.
For the Respondents: Ankesh Chandel.

JUDGMENT :

Rajnesh Oswal, J.

1. This appeal has been filed by the Insurance Company against the judgment and award dated 22.09.2015 passed by the Motor Accidents Claims Tribunal, Jammu (hereinafter to be referred as the Tribunal), in file No. 160/2012, titled, Kanta Devi & Ors. v. Raj Kumar & Ors. by virtue of which compensation of Rs. 24,25,000/- has been awarded in favour of the respondents/claimants along with interest at the rate of 7.5% per annum.

2. The present appeal has been filed by the appellant/Insurance Company primarily on the ground that as per the policy of insurance, the appellant had undertaken the liability to cover the risk of one driver under the Workmen Compensation Act for driving the offending tractor but the risk of any other person either in the capacity of labourer or passenger on the said tractor was not covered. It is further stated that the learned Tribunal has passed the impugned award against the law and facts, as from the evidence available on record, it is crystal clear that on the date of accident, the deceased was travelling while sitting on the mudguard of the tractor involved in the accident, that was driven by Raj Kumar. Sitting on the mudguard

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