M G SASI Vs. SAIDALI

JUDGEMENT

(1.) THE owner and driver of a tractor fitted with a trailer, which met with the accident, have come up with this appeal assailing that portion of the impugned award of the Motor Accidents Claims Tribunal, which directs the payment of compensation to the dependents of the deceased, less Rs. 50,000/-, for which the insurer was made liable.

(2.) THE writ petition is filed by the wife of the first appellant, when revenue recovery proceedings was initiated, to recover the award amount, as the amount deposited as per the interim order in the appeal fell short of the interim direction.

(3.) IT is contended by the insurer that the tractor is neither a transport vehicle, nor a goods vehicle. Therefore, it cannot carry goods or passengers. When it cannot carry goods, there arises no question of the owner or the representative of the goods being carried in the tractor. So, the tribunal was well justified in limiting the liability of the insurer to the extent of Rs. 50,000/-. In this regard, the decisions reported in National Insurance Co. Ltd. v. Kottan, 2003(3) RCR(Civil) 376 (Kerala) : [2003(2) KLT 29] and National Insurance Co. Ltd. v. Chinnamma [2004(3) KLT 397 [SC] : 2004(2) KLJ SC 750] are relied on.