ORIENTAL INSURANCE CO., LTD Vs. THANGAM

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is preferred by the Insurance Company challenging its contractual liability to pay compensation amount as awarded by the Motor Accident Claims Tribunal, Additional District Court (Fast Track Court), Tenkasi. in M.C.O.P.No.74 of 2017.

(2.) The brief facts are: On 17/3/2014, while the husband of the first claimant and the father of the claimants 2 to 4 and the son of the fifth claimant, was riding his motorcycle, following the rules of the road, a Tractor, bearing registration No.TN-23-AX-7443 owned by the 7th respondent with unregistered and uninsured trailer attached to it, came from opposite direction, and while crossing the motorcycle stated above, the trailer hit the rider, owing to which he died on the spot. The heirs of the victim of the accident therefore, preferred a claim before the MACT in MCOP No.74/2017 and claimed compensation of Rs.30,00,000.00. The insurance company of the tractor, the third respondent before the MACT inter alia pleaded that inasmuch as the trailer alone was involved in the accident, and since the trailer was neither registered, nor was insured, it is not liable to pay any compensation. Rejecting it, the tribunal has awarded a compensation of Rs.12,51,250.00 vide its award dtd. 5/10/2018 and fastened the liability jointly and severally on the owner of the tractor and also the insurance company of the tractor. Aggrieved by the same, the insurance company of the tractor is now before this Court with this appeal.

(3.) The point of objection raised by the learned counsel for the appellant is the one it had raised before the tribunal: that the trailer attached to the tractor was neither registered nor insured, that in terms of the definition provided in the Motor Vehicles Act, the tractor and the trailer are two different motor vehicles, but the tribunal omitted to consider it. Arguing further, the learned counsel submitted that by attaching an unregistered and uninsured trailer to his tractor, the owner of the tractor has violated a policy condition, and hence the insurance company cannot be fastened with any liability. Reliance was placed on the dictum in The Oriental Insurance Co. Ltd. Vs. Sri D.Laxman [2007(4) KarlJ 224] and that of this Court in The Divisional Manager, United India Insurance Co. Ltd., Thiruvannamalai District Vs. Subramani and 2 others in C.M.A.No.1815 of 2015 dtd. 28/9/2020.