1. Heard learned advocates for the apellant and perused the papers on record.
2. The appellant herein has challenged the award dated 10.02.2011 passed by the Motor Accident Claims Tribunal (Main), Patan in Motor Accident Claims Petition No. 3428 of 2002 (Old Motor Accident Claims Petition No. 766 of 1999).
3. It is the case of the original claimant that on 05.06.1998 while one Shri Ratnaram Sosaram Bhil was travelling in a tractor bearing registration no. GJ-13 B 3384 being driven by the original opponent no. 1 in a rash and negligent manner, the tractor turned turtle as a result of which Shri Ratnaram sustained injuries on various parts of the body and ultimately succumbed to those injuries. The legal heirs therefore filed claim petition to the tune of Rs. 2,50,000/-. The Tribunal after hearing the parties granted Rs. 1.50 lakhs as compensation to the original claimants.
4. Mr.
Shelat, learned advocate appearing for the appellant submitted that the Tribunal failed to take into consideration the entire facts of the case and evidence on record and thereby erred in awarding compensation to the claimants even though they were not entitled for the same. He submitted that the Tribunal has erred in overlooking the fact that deceased was travelling in the insured tractor where there was no place of seating for any person except driver and admittedly deceased was not a driver. He submitted that no additional premium was paid to cover the risk of person other than the driver.
5. As a result of hearing and perusal of records, this court is of the view that considering the evidence on record and the facts and circumstances of the case, the Tribunal came to the conclusion that the appellant is liable to pay compensation to the original claimants. It is required to be noted that inspite of receipt produced on record, the appellant insurance company failed to produce the policy before the trial court. Therefore statutory presumption was held against the insurance company. The Tribunal has recorded in detail the reasons in para 10 of the award. This court is in complete agreement with the reasonings adopted and findings arrived at by the Tribunal and therefore do not see any reason for causing interference.
6. In the premises aforesaid, appeal is dismissed. Civil Application also stands disposed of accordingly.
(K.S.
JHAVERI, J.) Divya// Top