UNITED INDIA INSURANCE CO LTD Vs. RAMJI LAL

JUDGEMENT

(1.) The insurance company challenges the award passed against it on the ground that the deceased had taken a lift from the driver of the tractor and seated himself on mudguard. He was thrown out of tractor when it was in motion and got killed. The insurance company pleads that a tractor is not meant to carry passengers and had seating capacity as per the registration certificate book of only one that is meant for the driver. Further, learned counsel appearing for the insurance company pleads that the person, who died, was being carried on the mudguard of the tractor and there was no insurance cover for a person travelling on the tractor. The tractor is neither a passenger vehicle nor a goods vehicle where persons could be carried and the insurance company for the tractor will, therefore, be not made liable.

(2.) It is commonplace knowledge that a trailer which is attached to a motor vehicle (tractor) is constructed only for the purpose of carriage of goods. In the scheme of things normally a goods carriage shall not carry passengers. However, section 147 makes provision for compulsory insurance for the owner of the vehicle as bound to cover the liability in respect of death or bodily injury sustained by an employee arising out of and in the course of employment, who shall have a right of claim under the Workmen's Compensation Act. Such an employee shall be either (a) engaged in driving the vehicle, or (b) if it is a public service vehicle, engaged as conductor of the vehicle or in examining tickets on the vehicle, or (c) if it is a goods carriage, being carried in the vehicle. It could therefore be seen that a workman carried in a goods carriage who is attracted to the provisions of Workmen's Compensation Act shall always enjoy a compulsory insurance cover. If a workman travels in a goods carriage, namely, a trailer, an 'Act Policy' is bound to cover the risk to the insured's workman or his representatives in case he dies in the accident. Another type of situation where a passenger in a goods carriage would be protected is what is provided under section 147 (1) (b) (i), when even an owner of the goods travelling along with goods in the vehicle would obtain an insurance cover.

(3.) The Rules of the Road Regulations, 1989 sets out under rule 28 the following: