RAJINDER SINGH Vs. SANTOSH DEVI

JUDGEMENT

(1.) Vide the present appeal, appellants have assailed the award dated 24.02.2012, whereby, Ld. Tribunal while awarding the compensation of Rs.8,95,750/- with interest @ 7.5% per annum from the date of filing of the claim petition till realization has granted recovery rights against the appellants.

(2.) Mr. Y.P. Singh, Ld. Counsel appearing on behalf of the appellants submits that Ld. Tribunal has wrongly granted the recovery right against the appellants on the averments that the offending vehicle, i.e., the Tractor was having a Trailer, which was of commercial in nature at the time of accident.

(3.) Mr. Singh, Ld. Counsel has drawn the attention of this court to Para 24 of the impugned award, wherein Ld. Tribunal has relied upon a case of Nagashetty v. United India Insurance Co. Ltd. and Ors., 2001 6 JT 482 and observed that mere attachment of Tractor with Trailer does not convert Tractor to transport vehicle. Further, in the later judgment in the case of Natwar Parikh and Co. Ltd. v. State of Karnataka and Ors., 2005 AIR(SC) 3428 the Apex Court has observed that Trailer is a separate and distinct vehicle, different from a Tractor and falls under Section 2 as a goods carriage and consequently falls under the definition of transport vehicle under Section 2 of the Motor Vehicles Act, 1988.