New India Assurance Company … vs Sumer Singh And Others on 22 July, 2009

In the High Court of Punjab and Haryana at Chandigarh


F.A.O. No. 3711 of 2009 (O&M)

Date of decision: July 22, 2009

New India Assurance Company Limited
                                                         .. Appellant

                     Vs.

Sumer Singh and others
                                                         .. Respondents

Coram:        Hon'ble Mr. Justice A.N. Jindal

Present:      Mr. Raj Kumar Bashamboo, Advocate for the appellant.

A.N. Jindal, J
              This appeal filed by the Insurance Company is against the order
dated 6.10.2008, passed by the Motor Accident Claims Tribunal, Narnaul,
whereby, while accepting the claim petition, it awarded compensation to the
tune of Rs.1,68,000/- along with interest @ 7.5% per annum from the date
of filing of the petition till realization.
              The main grievance of the company is that the tractor was not
being used for the agricultural purpose and as soon as it attached with the
trolley, it is converted into commercial one and as such, in that situation it
could not be used to carry for the passengers unless except under a valid
route permit, therefore, the Tribunal has fell in error while awarding
compensation.
              Arguments heard.
              This appeal being delayed by 109 days, is accompanied by an
application for condonation of delay. Having examined the contents of the
application it does not contain any cogent and sufficient reasons for
condoning the delay, therefore, the delay cannot be condoned as a matter of
course unless it is proved on record that there are sufficient grounds to do
the same.
              Even otherwise, from the facts and circumstances of the case, it
transpires that the injured along with his son Raj Kanwar and Mohar Singh
were going to village Ked for bringing wheat and turra (fodder) in the
offending vehicle driven by Brij Lal respondent No.2. In that sense, the
 F.A.O. No. 3711 of 2009                                              -2-

                                    ***

injured cannot be said to be gratuitous passenger. He is neither owner nor
driver of the vehicle, therefore, it cannot be said that tractor trolley was
used for commercial purpose at that time. To bring the fodder and wheat is a
part of the agricultural business and it could be used for the same by the
owner.

Even otherwise, this appeal being time barred is not
maintainable. Consequently, the application for condonation of delay
stands dismissed. Resultantly, the accompanying appeal also fails.

July 22, 2009                                          (A.N. Jindal)
deepak                                                       Judge