The court established the principle of negligence, computation of compensation, and liability of the Insurance Company under the Motor Vehicles Act, 1988.

N.K. Gupta, J.

The appellants being driver and owner of the vehicle involved in the accident have preferred the present appeal being aggrieved with the award dated 4.11.2004 passed in Claim Case No. 165 of 2003 passed by MACT, Sidhi wherein, a compensation of Rs. 1,37,000 along with interest was granted in favour of the respondent Nos. 1, 2 and 3 and the respondent No. 4 being Insurance Company was found absolved from its liability.

2. The facts of the case in short are that the respondents Nos. 1, 2 and 3 have moved a compensation application under Section 166 of the Motor Vehicles Act, 1988 (in short the M.V Act) that on 13.8.2003 Janki @ Matar Kol was working in the fields of the appellant No. 1 Sharda Prasad. Some cow dung fertilizer was under transportation from Khirwa Hill to the field of the appellant No. 1 by a tractor trolley. Registration number of tractor was MP-53M/0563 whereas, registration number of the trolley was MP-53M/0564. The tractor was driven by the appellant No. 2 Ramchandra in excessive speed and also in a negligent manner. Near the turn of Village Piparkhard, Janki @ Matar Kol fell down from the tractor and wheel of the trolley was rolled over upon him. Due to such accident he died while he was taken to the hospital. The FIR was lodged by Suresh Kumar son of Janki @ Matar Kol who was residing separately. The respondent Nos. 1, 2 and 3/claimants being widow and children of the deceased Janki @ Matar Kol have filed the claim application after computation of the claim and pleaded the liability of the non-applicants. Therefore, a claim application for compensation of Rs. 3,27,600 was moved before the Claims Tribunal.

3. The appellants Nos. 1 and 2/non-applicant Nos. 1 and 2 in their written statement denied the pleadings of the claimants. According to them the cow dung fertilizer was transported from Khirwa Hill to the field of the appellant No. 1 at Village Piparkhard and the deceased was also engaged along with the other labours to fill up the fertilizer in the trolley and to unload the same at the field. There was no negligence of the appellant No. 2/non-applicant No. 2 in the accident. The deceased suddenly fell down from the tractor and it was a sudden accident so that before the appellant No. 2 could stop the tractor, the wheel of trolley was already rolled over upon the deceased. It is pleaded that the tractor and trolley were insured with the respondent No. 4/non-applicant No. 3. The Oriental Insurance Company with a comprehensive policy with cover of 6 labours and, therefore, the Insurance Company was responsible for payment of the claim.

4. The respondent No. 4/non-applicant No. 3 the Insurance Company in its written statement denied the claim application filed by the respondent Nos. 1, 2 and 3. It was specifically pleaded that the tractor was being driven in violation of the policy conditions. No person was permitted to travel in the trolley and therefore, Insurance Company was not liable for payment of compensation.

5. The Claims Tribunal has framed as many as seven issues relating to negligence, insurance of the vehicle, violation of the policy conditions and computation of the compensation amount. After recording of the evidence a compensation application of the respondents Nos. 1, 2 and 3 as mentioned above was accepted but the Tribunal found that the deceased was travelling in the tractor trolley in contravention to the policy conditions and, therefore, the respondent No. 4/Insurance Company was found absolved.

6. I have heard the learned Counsel for the parties.

7. The appellants have challenged the award passed by the Tribunal on all the counts that is point of negligence, quantum of compensation and liability of the Insurance Company. So far as the negligence is concerned, it is an admitted fact that the tractor trolley was deployed to bring cow dung fertilizer from Khirwa Hill to the field of the appellant No. 1. According to the eye-witness Smt. Devmati (PW2), the deceased was sitting