A comprehensive insurance policy covers liabilities for laborers injured or killed during employment under the Motor Vehicles Act, differentiating it from standard policies.

JUDGMENT :

The instant miscellaneous appeal has been preferred on behalf of Branch Manager, Oriental Insurance Company Limited dissatisfied with the award dated 16.12.2016 passed in M. Accident Claim Case No.10/2004 by the learned 2nd Additional Sessions Judge cum Motor Accident Claim Tribunal, Deoghar directing to the Insurance Company to pay the amount of Rs.8,79,000/- within 30 days and also directed that 50% of the total amount will be deposited in Fixed Deposit for a period of 5 years for future prospects of the minor and out of rest 50% an amount of Rs.1,00,000/- will paid to applicant no.6 Gayatri Devi and Rs.1,00,000/- will be paid to the father applicant no.7 Dhananjay Pd. Singh. Rest amount will be paid to the widow Usha Devi for welfare of herself and her children.

2. The brief facts leading to this Miscellaneous Appeal are the claim petition was filed on behalf of the claimants with these averments that the deceased was working as a Khalasi of the Tractor. On 22.11.2003 a Chaukidar No.02/13 Reva Turi had lodged the FIR with these allegations that at 11:30 in day hours he was going from Baraguniya to Madhupur about 12:30 hours he reached near the village Dondiya and saw a tractor without any registration number coming from the west side. Tractor driver was driving the tractor rashly and negligently and at village Dondiya the tractor went into the ditch. Kamal Kishore Singh who was also riding over the tractor fell down from the tractor and tractor turned down upon him. On raising hulla he also reached there and said Kamal Kishore Singh was crushed by the tractor. The body was brought out with the help of the persons present there but Kamal Kishore Singh had died at the spot. On this fardbeyan of chaukidar Madhupur P.S. Case No. 279/03 was registered under section 279/304A of IPC against the driver of the offending vehicle and after investigation the charge-sheet was also filed by the investigating officer against driver namely Mahadeo Rai u/s 279 and 304A of IPC. It is also further averred in the claim petition that deceased Kamal Kishore Singh was 25 years old on the date of his death. He was earning Rs.3,000/- per month. The registration number of the tractor was JH15A 8253 and registration number of the trailer was JH15A 8254. After his death deceased has left his widow, two minor daughter, two minor sons, mother and father as well who are the claimants 1 to 7 in this claim petition as such the amount of compensation was prayed. It was also averred by the claimants that the deceased was a skill labour working as the tractor.

3. The opposite party no.3 (Respondent No.8 herein) Mahadeo Ray did not file any written statement despite service of notice to him. On behalf of opposite party no.1 (Respondent No.7 herein) Gour Kishore Shahi the owner of the offending tractor filed the written statement that the said tractor was ensured on the date of accident and was driven by its driver with a valid and effective driving licence, if any liability arises for the same, Insurance Company is liable.

4. On behalf of Insurance Company opposite party no.2 (Appellant herein) filed the written statement and stated that deceased was not a skilled labour as he was working on the tractor to load and unload the bricks of the tractor for which the Insurance Company is not liable to pay any compensation. The death of the labour who was working on the tractor the proper forum for him was to move the application for compensation under Work