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2015 DIGILAW 87 (UTT)

UNITED INDIA INSURANCE CO. LTD. v. SHAKIR ALI

2015-02-26

SERVESH KUMAR GUPTA

body2015
JUDGMENT : Hon’ble Servesh Kumar Gupta, J. 1. The insurance company has challenged the award dated 30.1.2008 rendered by the concerned Tribunal for fastening the liability of Rs.2,29,500/- on it, to be payable to claimants Shakir Ali and Smt. Rajiya Khatoon. 2. The accident occurred on 1.3.2006 at 4 PM when the teenage child of claimants was dashed by the tractor- trailer owned by respondent nos.3 and 4, namely, Krishna Singh and Smt. Tuso Devi. 3. Learned counsel for the insurance company has submitted her arguments that the trailer attached with the tractor requires a separate registration under the Motor Vehicles Act, because under the definition, as postulated under Section 2(28), ‘trailer’ is a separate ‘motor vehicle’ or ‘vehicle’ which requires insurance also, and that is why, the insurance company, while issuing the insurance policy for offending Eicher Tractor, has mentioned ‘0.00’ in front of type of cover where the trailer details were to be indicated. At the same time, only the tractor details were indicated with the remark that such tractor was insured for a sum of Rs.2.90 lakh. 4. Learned counsel for the insurance company has also drawn the attention of this Court towards the statement of PW3 Nawab Hussain recorded on 5.11.2007 which was made the basis for fastening liability upon the appellant. The Court finds that the Tribunal has read only the incomplete statement of such witness because he has clearly deposed that the child was run-over by the rear wheel of the trailer attached with the tractor. 5. Since the insurance company covered only tractor for the premium which was charged from the owner of vehicle and nothing was paid towards the trailer, hence the liability should have been fastened upon the owners of trailer, who would be deemed none else but the respondent nos.3 and 4, namely, Krishna Singh and Smt. Tuso Devi. 6. It is pertinent to mention here that even at the level of this Court, respondent nos.3 and 4 were sufficiently served but they have not made any representation before this Court, hence the impugned Award, passed by the Tribunal, while leaving intact as far as the quantum is concerned, the same is hereby modified by shifting the liability from the insurance company to the owners of vehicle viz. Krishna Singh and Smt. Tuso Devi. 7. Krishna Singh and Smt. Tuso Devi. 7. Let the amount deposited by the insurance company along with the interest, so earned by such deposit, shall be returned to the insurance company. 8. The appeal stands disposed of in the above terms. 9. It is made clear that the Tribunal will be at liberty to recover the amount accordingly, as directed hereinabove. 10. Let the LCR be returned along with a copy of this order for compliance of the order.