UNITED INDIA INSURANCE CO LTD Vs. SHAKIR ALI

JUDGEMENT

(1.) THE insurance company has challenged the award dated 30.1.2008 rendered by the concerned Tribunal for fastening the liability of Rs.2,29,500/ - on it, to be payable to claimants Shakir Ali and Smt. Rajiya Khatoon.

(2.) THE accident occurred on 1.3.2006 at 4 PM when the teenage child of claimants was dashed by the tractortrailer owned by respondent nos.3 and 4, namely, Krishna Singh and Smt. Tuso Devi.

(3.) LEARNED counsel for the insurance company has submitted her arguments that the trailer attached with the tractor requires a separate registration under the Motor Vehicles Act, because under the definition, as postulated under Section 2(28), 'trailer' is a separate 'motor vehicle' or 'vehicle' which requires insurance also, and that is why, the insurance company, while issuing the insurance policy for offending Eicher Tractor, has mentioned '0.00' in front of type of cover where the trailer details were to be indicated. At the same time, only the tractor details were indicated with the remark that such tractor was insured for a sum of Rs.2.90 lakh.