The liability of an insurance company for the death of an employee is limited to what is contained in the Workmen's Compensation Act.

( 1 ) FEELING aggrieved by the award passed by XIIth Additional Motor Accident Claims Tribunal, Jabalpur in Claim Case No. 488/94, awarding a sum of Rs. 77,200/- to the legal representatives of the deceased Niranjan Singh towards compensation under the provisions of Motor Vehicles Act, 1988, the insurer is in appeal.

( 2 ) THE factual matrix as portrayed in the petition is that the respondents No. 1 to 3 as claimants filed an application before the Tribunal forming the subject matter of claim case No. 488/94 pleading inter alia, that Niranjan Singh, the husband of respondent/claimant No. 1 and father of other two respondents/claimants Nos. 2 and 3 was working in a tractor hearing registration No. MOK-9446 belonging to respondent No. 4. On 7-1-1991, while he was moving in the tractor in course of his employment due to rash and negligence driving of Ashok Singh, the respondent No. 5, he fell down and expired. It has been further putforth in the petition that he was getting Rs. 40/- per day as wages and he was aged about 30 years at the time of the accident. With these factual assertions a claim for compensation of Rs. 4,86,000/- was advanced before the Tribunal which included Rs. 20,000/- towards mental agony and Rs. 2,000/- for funeral rites.

( 3 ) THE claim of the claimants was resisted by the owner as far as it related to negligence and reshness on the part of the driver. It was averred by the owner that victim was earning Rs. 20/- per day. Further stand taken by him that the tractor in question was insured with National Insurance Co. and, therefore, the insurer was to indemnify him.

( 4 ) THE insurance company in its written statement controverting the stand of the claimants contended that as the tractor in question was insured for agricultural purposes it cannot be given the status of a goods vehicle. That a part the deceased who was travelling as a passenger in the tractor in question was not entitled to any damages or compensation as the tractor is not a passenger carrying vehicle. Further stand of the insurer is that as the deceased was sitting in the tractor and not in the trolley attached to it, the liability can- not be fastended on the insurer even if it is otherwise liable to indemnify.

( 5 ) IN order to establish the case before the Tribunal the claimants examined two witnesses. The Insurance Company examined its officer and brought the insurance policy on record.

( 6 ) THE Tribunal after considering the relevant materials on record came to the conclusion that the deceased was an employee getting Rs. 20/- per day from the owner of the tractor. Accepting Rs. 20/- as daily wages the Tribunal concluded that the workman/employee would have been getting employment for 25 days in a month and, therefore, his monthly income would be Rs. 500/ -. He deducted 1/3rd towards expenses and applied multiplier of 16 and fixed the compensation at Rs. 67,200/- and added Rs. 10,000/- towards consortium. The Tribunal also recorded a finding that the driver of the tractor was negligent and there was no fault on the part of the deceased. With the above considerations an award was passed against the owner of the tractor with the direction that the amount will be made good by the insurance company as the claim in question was covered under the Insurance Company.

( 7 ) MR. Ruprah appearing for the Insurance Co. /appellant assailing the amount of award, has raised two contention namely; the Insurance Company was not liable to indemnify the owner in the instant case as much as the deceased was sitting next to the Driver and not in the trolley and the tractor being an one seated vehicle the deceased was not supposed to sit there and as such there is violation of the condition of the policy entitling the insurance company to release itself from honouring the policy. It is also proponed by him that tractor in question having been insured for agricultural purposes cannot be treated as a goods vehicle and in that event an employee