National Insurance Co. Ltd v. Km. Geeta and Others

Court No. - 2 Case :- FIRST APPEAL FROM ORDER No. - 1268 of 1998 Appellant :- National Insurance Co. Ltd. Respondent :- Km. Geeta And Others Counsel for Appellant :- Sushil Kumar Mehrotra Counsel for Respondent :- Dhruv Narayan Singh,Ram Ashish Pandey Hon'ble Saral Srivastava,J.

¶1Heard learned counsel for the appellant and learned counsel for the respondents.

¶2The present appeal has been filed by the appellant-insurance company challenging the award dated 18.03.1998 passed by Motor Accident Claims Tribunal/3rd Additional District Judge, Etawah in M.A.C.P. No.154/1992.

¶3It is submitted by learned counsel for the appellant submitted that admittedly the trolley was attached with the tractor No.U.H.K. 8619 insured with the insurance company. It is contended that the deceased was travelling in the trolley attached with the tractor and since the trolley was not insured with the appellant insurance company and further that the tractor was insured for agriculture purpose whereas it was being used for a purpose not connected with agriculture, thus, the owner has committed breach of policy, and therefore, the insurance company is not liable to pay compensation.

¶4Be that as it may, the insurance company did raise a plea that the trolley was not insured with the insurance company nor it got issue framed on the point that the tractor was being used for a purpose not connected with agriculture. In such view of the fact, the Tribunal was not expected to record any finding on the aforesaid issue.

¶5For the reasons given above, the appeal lacks merit and is accordingly dismissed with no order as to costs. Order Date :- 2.11.2023 R.S. Tiwari High Court of Judicature at Allahabad