UNITED INDIA INSURANCE CO. LTD v. AND 1 ST

M.N.KRISHNAN, J.--------------------------M.A.C.A. NO: 2051 OF 2006--------------------------Dated this the 23rd July, 2008. JUDGMENTThis appeal is preferred against the award of the MotorAccidents Claims Tribunal, Kalpetta in O.P.(M.V) No: 262/98. Theclaimant who was travelling in a tractor sustained injuries and the Tribunal awarded him a compensation of Rs.21,200/- and theliability was suffixed on the insurance company to pay the same. The appeal is preferred by the insurance company against the awardof the Claims Tribunal casting liability on it.

Learned counsel for the insurance company would arguethat being a passenger in a tractor he is not covered by the policyand therefore the insurance company has no liability to indemnifythe owner. On the other hand he would contend that the claimantwas returning after unloading and he was travelling in the tractor asthe representative of owner of the goods. The accident had takenplace in 1998. Along with the appeal the insurance company hasalso produced the policy copy and copy of deposition of theclaimant. In the chief examination he would depose that he was M.A.C.A.2051/062coming back after unloading the cow dung. But in the crossexamination he would state that the tractor driver was known tohim and so he travelled in the tractor. So the question that arisesfor consideration would be what was his status. Whether he was apassenger or whether he was accompanying as the owner of thegoods or the representative of the owner of goods. Then the nextquestion would be whether a person who is travelling in a tractorcan be classified as travelling under Section 147(1) of the MotorVehicles Act, 1988 as the owner or representative of the owner ofgoods. It may also have to be considered whether the tractor is agoods vehicle or not. So, these are all matters which requiresdetailed consideration by the Tribunal.

The document produced along with the appeal is receivedand the insurance company is given liberty to take back thosedocuments and produce it before the Tribunal. Therefore, theaward under challenge is set aside and the matter is remitted backto the Tribunal for fresh consideration, regarding the inter sedispute between the owner and the insurance company and alsoregarding the status of the claimant and liability of the owner andinsurance company. M.A.C.A.2051/063Parties are directed to appear before the Tribunal on29.8.2008.M.N.KRISHNAN, JUDGEjj