LIYAKAT ALI Vs. CHUNNI DEVI

JUDGEMENT

(1.) This appeal is filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and order dated 27.1.2009, passed by Motor Accident Claims Tribunal, Unnao in Claim Petition No. 117 of 2001 whereby an award of Rs. 1,18,850 was awarded against the appellant.

(2.) The brief facts of the case in narrow compass are that on 2.12.2000, one Sri Arvind Kumar was going on scooter to see off his relative. When he reached near Hyderabad Paisara, one Tractor No. U.P. 35B 1649 took a sharp turn. The iron rods loaded in the trolley (trailer) attached to the tractor in question hits the deceased Arvind Kumar, who died on the spot. The F.I.R. was lodged. The tractor was insured but trolley was not insured. So, the liability was fixed against the owner of the tractor, i.e., appellant by the Motor Accident Claims Tribunal for Rs. 1,18.850. Being aggrieved, he filed the present appeal.

(3.) During the course of argument, learned Counsel for the appellant submits that the trailer is the part of the tractor and tractor was duly insured. Independently, the tractor or trolley is not of any use. With the tractor, some equipments or trolley will have to be attached for the purpose of agricultural activity. He further submits that trailer/trolley falls within the definition of the vehicles, as such, it is an attachment made to the prime mover of tractor and it has no independent driving system. Therefore, it is not required to be insured under the provisions of Motor Vehicles Act, 1988 and insurance company is liable to pay the compensation.