NATIONAL INSURANCE CO LTD GOBICHETTIPALAYAM Vs. PALANI AMMAL

JUDGEMENT

(1.) Both the appeals are filed by the Insurance Company. Since the claim arises out of the same accident, both the appeals are taken up together and disposed of by way of this common judgment.

(2.) The case of the claimants is that the deceased were working in the lorry rig unit belonging to one Senniappan on a monthly wages of Rs. 4,500/-. On 08.12.1999 at about 3.30 a.m., when they were working in a borewell, they were crushed to death by falling stones from above. On a consideration of both oral and documentary evidence, the lower Court granted compensation of Rs. 2,21,370/- and Rs. 2,19,950/-. Challenging its liability, the Appellant/Insurance Company has filed these appeals.

(3.) The learned Counsel for the Appellant would only contend that the insurance policy would cover the rig as well as the lorry only when the lorry is in operation in the road. When the lorry is employed for digging a bore-well, it becomes only a tool and at that point of time, it is not on the road nor is it moving and therefore, it cannot be construed as a transport vehicle and hence, motor accident claims petition will not lie as per the provisions of Motor India Tariff Condition Nos. 37 and 47. Since Condition No. 47 contemplates that when the vehicle is used as a tool Insurance Company will not be liable, as per the policy, they will not be entitled to pay the amount. The accident is admitted.