ORIENTAL INSURANCE COMPANY LIMITED Vs. NOHAR JOSHI

JUDGEMENT

(1.) Both these appeals--M.A. (C) Nos. 519 and 520 of 2012, filed by the appellant/Insurance Company under Section 173 of the Motor Vehicles Act,1988 arise out of the same accident occurred on 8-3-2010, wherein the same vehicle (self-loading concrete mixer), insured by the appellant/Company was involved, they are being decided by this common order. Brief facts, necessary for disposal of both these appeals are as under :

(2.) Shri Sudhir Agrawal, learned counsel appearing for the appellant/Insurance Company would submit that the offending vehicle (self-loading concrete mixer machine) is not a 'motor vehicle' within the meaning of Section 2(28) of the Motor Vehicles Act, 1988 and therefore the provisions of the Motor Vehicles Act,1988 are not attracted and hence both the claim cases were not maintainable before the Claims Tribunal. He further submits that the policy was issued by the company for the purpose of machine (self-loading concrete mixer).

(3.) On the other hand, Shri S.S. Rajput, learned counsel for the claimants would submit that the finding recorded by the learned Claims Tribunal holding the offending vehicle (self-loading concrete mixer machine) as "construction equipment vehicle" is just and proper. He further submits that the appellant/Insurance Company has taken a premium for third party risk therefore the Claims Tribunal has rightly fastened the liability upon the Insurance Company.