NATIONAL INSURANCE COMPANY LTD Vs. DEEPAK & OTHERS

JUDGEMENT

(1.) Mr. D.S. Patni, Advocate, for the appellant/National Insurance Company Ltd.

(2.) Having heard and perused the impugned judgment, it transpires that the trailer (loaded with sugarcane) attached with the tractor was dashed from behind by the offending truck. It has been said that on account of this dashing, the trailer overturned. The deceased Amar Singh, a 19 years' old young man who was sitting on the sugarcane loaded trailer, lost his life in such accident. Learned Tribunal has fastened equal liability on the insurers of both the vehicles i.e. 50 per cent on the appellant and 50 per cent on the respondent no. 11.

(3.) It has been argued by learned Counsel for the appellant that the "trailer" has been defined in Section 2(46) of the M.V. Act and the same reads as under: