V.V.RAMDAS (Advocate) 18 July 2009

Motor Accident case.

Hi friends,

I have doubt, please try to clarify by providing me a supreme court citation.A coolli is travelling in a loaded trolly of a tractor along with other 3 coolies and on the way he fell down and sucumbed to the injuries on the spot and co- cooles have sustained injuries. Parents of the deceased filed MACT calaim case. The accident was on 25-05-2005.As per Registration certificate of the Tractor the seating capacity is 1 person and the trolly has seating capacity. No pemium for cooles has been taken by the insurance company. Whether the insuracne co is liable for payment claim /amountAs per amended M.V.Act

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5 Replies

a.manoharan (Advocate 94431 45884 advocatemanoharan@gmail.com) 18 July 2009

INSURANCE IS A CONTRACT. UNLESS AND UNTIL THERE IS A SPECIFIC STIPULATION IN THGAT POLICY , THERE IS NO CHANCE TO CLAIM COMPENSATION,

rathindra das (Company Secretary) 19 July 2009

is it a fact that even if there is no contract, the owner may be held responsible on proven negligence.

Gundlapallis (Advocate) 19 July 2009

The claim can maintain only against the Owner of he tractor depending on certain other conditions.

Narender kumar (Advocate) 19 July 2009

as far as tractor & trolly are concern. First of all let me know that wheather trolly was registered & insured sepreatly? Because tractor is an agriculture vehicle and according to apex court when any trolly attached to tractor it become commercial vehicle & need to be registered as well insured sepreatly. If there is no registration of trolly sepreatly than tractor owner would be lible for any compensation.I would avail you the citation of that ruling as early as possible.

V.V.RAMDAS (Advocate) 19 July 2009

further, when Section 147 sub cluse (1)(b) (i) speaks that " against any liabily which may incuured by him in respect of te death of or bodily [ injury to any person, including owner of the goods or his authorised representative carried in the vehicle] or damage to any property of a third party casuse by or arising out of the use of the vehicle in public place;"- I would like get a clarification that -whether the Coollee amounts to be reprasentative of the owner of the goods?