UNITED INDIA INSURANCE CO LTD Vs. THIMMAWWA

JUDGEMENT

(1.) Question of insurer's legal liability under a motor policy to indemnify the insured for risks of coolies employed in connection with loading and/or unloading of a trailer attached to a tractor, while they were carried in the trailer, arises for decision in these appeals.

(2.) The common appellant in these appeals had issued a motor policy in tespect of a tractor, to which a trailer was attached, in favour of its owner (Rasul Patel), a common respondent in these appeals. The said motor policy had covered the risks of five coolies employed in connection with loading and/or unloading the said trailer in lieu of the special premium received by the insurer at the rate of Rs. 8/- per cooli. Consequently, Endorsement 16, which concerns the legal liability to persons employed in connection with loading and/or unloading of a motor vehicle, was attached to the said policy. The said tractor, to which the trailer was attached, while carrying more than five coolies in the trailer along with the goods (size stones) loaded in it for the purpose of unloading them, met with an accident, which caused the capsizing of the trailer. As a result of that accident, out of the coolies carried in the trailer, three of them died, while more than two of them sustained bodily injuries. The legal representatives of each of the coolies so died and the injured persons filed petitions before the Motor Accidents Claims Tribunal, Gulbarga Claims Tribunal"; claiming compensation from the owner of the tractor-trailer as also its insurer for the deaths also bodily injuries sustained by some of the coolies. At the conclusion of the common enquiry held by the Claims Tribunal on the said claims, the insurer filed a memo to the effect that the insurer's legal liability to coolies employed in connection with the loading and/unloading of the trailer be restricted to deaths or bodily injuries of five of them. On consideration of the material, which became available in the enquiry, and after hearing the arguments addressed on behalf of the parties, the Claims Tribunal rendered a common judgment and separate awards making the owner of the tractor-trailer liable for payment of compensation for the deaths of the coolies as also the bodily injuries suffered by the coolies in the said accident. By the said common judgment and five awards made pursuant thereto, the insurer was directed to indemnify the liability of the owner of the tractor-trailer respecting deaths of three coolies and bodily injuries of two coolies having regard to the liability undertaken by it under the motor policy along with Endorsement 16 issued in his favour. It is the said common judgment and five separate awards which are appealed against in the present appeals.

(3.) Sri Sowriraj's contention in these appeals was that the judgment and awards of the Claims Tribunal, which direct the insurer to indemnify the owner of the tractor-trailer (insured) for his liability for the deaths of three coolies and bodily injuries of two coolies, was unwarranted having regard to the motor policy issued along with Endorsement 16. According to him, the legal liability of the insurer to coolies employed in connection with loading and/or unloading the trailer could arise only if they died or were injured while actually loading and/or unloading the trailer and not when they were carried in the trailer by the tractor for the purpose of loading and/or unloading We find it difficult to accept the said contention for the reasons which we shall presently state.