A.M.SAPRE
UNITED INDIA INSURANCE CO. LTD. – Appellant
Versus
RAJENDRA – Respondent
Sapre, J.
This is a miscellaneous appeal filed by insurance company, NA-3 u/s 173 of Motor Vehicles Act against an award dated 17.3.2006, passed by Twelfth Member, M.A.C.T., Indore in Claim Case No. 5 of 2002.
2. By impugned award, the Tribunal allowed the claim petition of respondent No. 1 (claimant) filed u/s 166 of the Motor Vehicles Act and awarded to him a sum of Rs. 2,06,000 towards compensation for the injuries sustained by him in the vehicular accident.
3. The appellant insurance company contends that no liability arising out of the accident could be fastened upon them. According to them, since the thresher fitted with tractor was not insured and only tractor was insured and hence no liability could be fastened upon them if accident occurs with such tractor/thresher.
4. So the main question that arises for consideration in this appeal is whether on facts pleaded, the Tribunal was justified in holding that insurance company is liable to suffer the award. In other words, whether any liability can be fastened upon the insurance company arising out of accident in question.
5. On 28.9.2001, Rajendra, i.e., claimant was working on thresher, which belonged to the respondent N
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