The Motor Vehicles Act establishes no-fault liability, ensuring compensation to accident victims without needing to prove negligence, with comprehensive insurance covering all risks except fraudulent acts.

JUDGMENT :

Arun Kumar Rai, J.

1. Heard Mrs. Nalini Jha, learned counsel appearing on behalf of the appellant and Mrs. Rakhi Rani, learned counsel for the respondent no. 10.

2. Instant Miscellaneous Appeal has been preferred on behalf of appellant - Branch Manager, The Oriental Insurance Company Ltd., against the award dated 17.02.2010 passed in Compensation Case No. 18 of 2009, whereby the District Judge-cum- Presiding Officer, Motor Accident Claim Tribunal, Lohardaga has allowed the application filed under Section 140 of MOTOR VEHICLES ACT , 1988 and awarded compensation of Rs 50,000/- within a month from the date of award failing which Insurance Company shall pay interest @ 9% on principal amount.

3. Brief facts of the case is that, the deceased Shankar Bhagat used to work as a labourer in Madho Brick Kiln (Ita Bhatta) and used to load bricks onto the tractor having Registration No. JH 08A 8113 and trailor having registration no. JH 08A 8114 and on the date of incident i.e. 15.09.2008 at about 8:00AM, he after loading the bricks onto the tractor having Registration No. JH 08A 8113 and trailor having Registration No. JH 08A 8114 started for Lohardaga from Gangapada and the tractor was being driven by its driver Binod Mahli. At about 8:30 AM near Nigni More, Ghasi Mohalla, as the driver was driving the tractor in a rash and negligent manner, the deceased fell down and crushed under the rear wheel of the vehicle and ultimately he succumbed to injuries. 4. An F.I.R. being Lohardaga P.S. Case No. 146/08 dated 15.09.2008 under Section 279 , 304A of I.P.C. has been registered against Binod Mahli (driver of the tractor) on the basis of fardbeyan of Krishna Bhagat (brother of the deceased) and an application under Section 140 of MOTOR VEHICLES ACT , 1988 has been filed before the Court of District & Sessions Judge-cum- MACT, Lohardaga for interim compensation by the dependants of deceased against owner of offending tractor and appellant-Insurance Company.

5. After considering the material available on record, learned Tribunal passed the award dated 17.02.2010 directing the appellant- Insurance Company to pay Rs. 50,000/- as interim compensation under Section 140 of MOTOR VEHICLES ACT , 1988. Against above award, the appellant - Insurance Company preferred the present appeal and in this appeal respondent nos. 1 to 9 are the claimants and respondent no. 10 is the owner of the offending tractor.

6. Record of tribunal reveals that certified copy of the F.I.R., death certificate of the deceased, certificate of registration of tractor and trailor, fitness certificate of vehicle and insurance policy of above said tractor having registration no. JH 08A 8113 and trailor having registration no. JH 08A 8114 and post mortem report have been brought on record by the dependants of the deceased.

7. Appellant- Insurance Company has taken a plea of breach of terms and conditions by the owner and claimed exoneration from the liability to pay the amount to the dependants of deceased. There was specific plea taken on behalf of appellant- Insurance Company that the deceased was gratuitous passenger, as such there is no liability.

8. Learned counsel for the appellant vehemently argued that no liability can be fasten on the shoulders of appellant - insurance company even under Section 140 of M.V. Act, on account of fact that, the deceased was gratuitous passenger.

9. As far as death of deceased on account of rash and negligent driving of tractor is concerned, it has not been disputed by the appellant - Insurance Company and contents of F.I.R. clearly speaks about the fact that the deceased was working as labourer i