Onkarlal Garg vs New India Assurance Co.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1992 Supreme(MP) 719

T.N.SINGH
Onkarlal Garg – Appellant
Versus
New India Assurance Co. – Respondent

Advocates:
Raju Sharma for appellants; V.K. Sharma for respondent No. 1.

JUDGMENT

There is a cross-objection but the appeal in my view is hopeless and there is, no need therefore to pronounce on the cross- objection.

Respondent-cross-objector is the Insurer, who had made a deposit of Rs.25,000/- when order was passed for interim compensation. After final order is passed disposing of the claim petition this appeal is preferred and respondent-insurer complains that although care is taken by the Tribunal to order refund of the amount deposited by it, interest has not been awarded on that amount.

In so far as the appeal is concerned the only contention pressed by Shri Raju Sharma is that the policy of insurance was a comprehensive one and therefore it did not matter even if the deceased was a gratuitous passenger. However, that contention is wholly meritless because policy of insurance specifically limited the use of the tractor for agricultural purpose. It was not meant to carry any passenger. Rightly, therefore, the appellant-owner of the tractor has been held liable for the compensation awarded. Luckily for him, the respondents-claimants have not preferred cross-objection for enhancement of the amount awarded, which obviously is grossly inadequate

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