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Accident case matter.

(Querist) 25 February 2009 This query is : Resolved 
Sir/madam,
Whether the insurance company is liable for payment of compensation when a Labourer is travelling in a Trolly attached to Tractor loaded with some goods ? Please do provide a recent citation of Supreme court
Guest (Expert) 26 February 2009
If the tractor comes under the coverage of insurance, then the labourer is entitled to compensation. It is not the status of the injured (whether he is a labourer/land-lord) that decided the eligibility of compensation but the quantum of compensation depends upon his status.
PALNITKAR V.V. (Expert) 26 February 2009
Mr. Prabhakar is right.
Uma parameswaran (Expert) 26 February 2009
If the tractor is made up with a purpose for attaching a trolly and insurance coverage is also having ,then the labour is entitled to get compensation.
A. A. JOSE (Expert) 26 February 2009
I endorse views of all experts above.
Kamlesh soni (Expert) 26 February 2009
I do agree with views of all experts above.
Adv.Shine Thomas (Expert) 27 February 2009
I agree with the above views
Tribhuwan Pandey (Expert) 27 February 2009
Detail material is not available. However some citations are here
1. Civil Appeal No. 5478 of 2004 decided on 25-08-2004 National Insurance Co. Vs V. Chinnamma
2.(2004) 2 SCC 1
3. (2003) 2 SCC 339
4. (2000) 1 SCC 237
V.V.RAMDAS (Querist) 28 February 2009
Dear friends,
Thanks to all as you have tried to answeer my quary but I special thank Mr. Tribhuwan as he has taken some extra pain in providing me some citatons. Anyway Mr,Palitkar,A.A.jose,Kamelash & Sine Thomas have done some guss work, which is not at all good. However the citations which are provided by Mr.Tribhuwan are perhaps not uptodate. The upto date citations are: 1) AIR 2008 SC 460 SERJERAO CASE,2) AIR 2008 SC 2871,3) AIR 2007 SC 1971 Brijmohan case. In these cases it is clear that the insurance company is not liable for payment compensation, if any labourer has sustained injury or died out of the accident caused by a tractor attached with a trolly and the said labourer(injured/deceased) is traveling in that trolly.
RAKHI BUDHIRAJA ADVOCATE (Expert) 04 March 2009
I do agree with all my friends.
B.B.R.Goud. (Expert) 07 March 2009
i do agree with all my learned friends.


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