The insurer cannot escape liability if the vehicle was not used for a different purpose than the one for which it was insured.

( 1 ) THIS appeal has been preferred by the claimants aggrieved by an award dated 26. 10. 1999 passed by First addl. Motor Accidents Claims Tribunal, khandwa in Claim Case No. 2 of 1999.

( 2 ) AS per the claimants, on 19. 11. 1998, deceased Ramchandra was travelling along with his agriculture produce, soyabean, in tractor-trolley from village Saiyyedpur to bhikangaon Krishi Upaj Mandi, on the way, the said tractor turned turtle as it was driven in a rash and negligent manner by bhai Ram. The tractor was owned by pannalal, whereas the trolley was owned by Dashrath. The tractor and trolley were insured with Oriental Insurance Co. Ltd. Owing to injuries sustained in the accident by Ramchandra, he died. He was initially treated at Khandwa, from where he was shifted to Gokuldas Hospital, Indore where he died next day.

( 3 ) THE claim petition was filed claiming compensation of Rs. 27,70,000. It was claimed that the deceased was earning a sum of Rs. 15,000 per month from agriculture. He was the main earning member of the family. Father of the claimant was aged 90 years. Deceased would have lived up to 90 years.

( 4 ) THE respondent Nos. 1 to 3, in their reply, contended that the trolley was registered in the name of respondent No. 3, but it was not used with his consent at the time of accident. The tractor and trolley both were insured with Oriental Insurance Co. Ltd. The insurance was effective as on the date of the accident. Negligence on the part of the driver was denied. Compensation has been exaggerated.

( 5 ) THE insurer, Oriental Insurance Co. Ltd. , in the written statement contended that the tractor and trolley were not insured and as such insurer is not liable. Other facts were also denied. Risk of the passenger in trolley was not covered in the policy. Tractor driver was not having valid and effective driving licence. Tractor was used for commercial purpose. It was plied for hire or reward at the time of accident.

( 6 ) LEARNED Claims Tribunal has found that the accident was caused owing to rash and negligent driving of Bhai Ram, owing to which tractor turned turtle. Deceased ramchandra sustained injuries and died owing to the injuries. Compensation of rs. 1,47,600 along with interest at the rate of 12 per cent per annum from the date of filing of the claim petition has been awarded. The insurer has been exonerated from making payment of amount of compensation as it has not been found established that the tractor and trolley were insured. The liability has been saddled on respondent Nos. 1 to 3 jointly and severally to make the payment of compensation.

( 7 ) DISSATISFIED with the award, this appeal has been preferred by the claimants.

( 8 ) MR. Anil Lala, the learned counsel appearing on behalf of the claimants, has submitted that the learned Claims Tribunal has assessed the income of the deceased on lower side. Income has been taken on notional figure, which is prescribed for non-earning member. The deceased was earning amount by way of agriculture. Family owned 10 acres of agriculture land. Thus, the compensation awarded is inadequate. Appropriate multiplier has not been applied. Age of the deceased was 40 years at the time of the accident. Multiplier of 12 has been applied, whereas multiplier of 16 is applicable at the age of 40 years as per second Schedule to the Motor Vehicles act, 1988. He has further submitted that exh. Dl and Exh. D2 were the admitted documents. Tractor and trolley both were insured, still the insurer has been exonerated. As the factum of insurance has been proved, apart from respondent Nos. 1 to 3, insurer ought to have been saddled with the liability to make payment of compensation. There is nothing on record to suggest that the tractor-trolley was used for commercial gain for hire or reward at the time of accident. Thus, the award be suitably modified.

( 9 ) MR. Rakesh Jain, the learned counsel appearing with Mr. Devesh Jain and Ms. Nupur Jain on behalf of the insurer, responden