Motor Vehicles Act
Rahul Singh
(Querist) 24 June 2011
This query is : Resolved
When employees/laborers of the Owner of Tractor are travelling in trolley for Agri.work of owner,then whether the Ins.Co.(tractor insured for agri.work)is liable when their risk is not covered! Also otherwise when trolly is also insured but premium not taken to cover risk ! Then whether the Ins.Co. can be held liable on point that labourers were travelling for work of owner & not as gratitous passengers? Need clearification on the point with rulings.
My point of Query is-Whether the Ins.Co.can be held liable when employees of owner are travelling in trolly(insured)under work of owner(premium has not been taken to cover the risk of workers)?
Kiran Kumar
(Expert) 24 June 2011
in my opinion tractor-trolley is not meant for movement of labourers, its not a passenger vehicle. Therefore, the Insurance Company shall be held liable for the loss caused to the labourers.
mahendrakumar
(Expert) 25 June 2011
Is the ommission of "not" a typo mistake in "shall be held responsible" above,dear Mr.kiran?
I feel insurance company cannot be held responsible, as the "risk" is not insured.
Kiran Kumar
(Expert) 25 June 2011
M sorry for the typographical error....in fact I replied to the query from my mobile, so I skipped the word 'not' mistakenly.
Insurance company shall not be held liable for the loss caused to the labourers.
prabhakar singh
(Expert) 25 June 2011
Expert : Kiran Kumar and Expert : mahendrakumar both are Correct.
Advocate. Arunagiri
(Expert) 25 June 2011
The insurance company will pay the insurance sum only when the insured vehicle is complied with the terms and conditions of the policy.
When the accident occurs, while violating the policy terms, the owner of the vehicle is personally responsible for the claim if any.
