LAWS(KER)-2011-1-133

NEW INDIA ASSURANCE CO LTD Vs. RAJULA BEEBI

Decided On January 03, 2011
NEW INDIA ASSURANCE CO. LTD. Appellant
V/S
RAJULA BEEBI Respondents

JUDGEMENT

(1.) Is a person accompanying goods in a "trailer" attached to a Tractor, covered under the policy issued by the Insurance Company Is the Insurance Company liable to indemnify the owner of the Tractor, especially since, the victim was not admittedly an employee under the insured

(2.) The above two questions were answered by the Tribunal in favour of the claimants. The appellant-Insurance Company impugns the above award in this appeal.

(3.) On June 3, 2003 the deceased was accompanying a few drums containing electric cable loaded in a trailer attached to a tractor. It is on record that the hook of the trailer somehow got detached from the tractor and the heavy drum which contained electric cable fell on the body of the deceased who was admittedly sitting in the trailer along with the goods. The deceased succumbed to the injuries later. The legal representatives of the deceased claimed compensation from the owner, driver and insurer of the tractor.