LAL CHAND AND OTHERS Vs. RAGHBIR AND OTHERS

JUDGEMENT

(1.) The LRs of the deceased Sahib Ram, owner of the offending tractor, by filing the present appeal have challenged the award dated 9.3.1994, passed by the learned Motor Accident Claims Tribunal, Bhiwani, (for short 'the Tribunal') whereby the appellant alongwith Karam Singh, the driver was held liable to indemnify the award to the extent of 50% for contributory negligence.

(2.) Learned counsel for the appellants contends that the learned Tribunal has erred in law by holding the appellants liable to indemnify the award. The Tractor was insured with the Insurance Company-respondent No.10. The tractor trolley was used for agriculture purposes. The agricultural instruments should be deemed to be insured, if the tractor is insured. The trolley attached with the tractor is not required a separate insurance. He has placed reliance upon Malkibai and others vs. Badriprasad and others, 1996 ACJ 38 and Gayatribai and ors. vs. Nathu Singh and anr., 2009 2 ACC 120.

(3.) On the other hand, the learned counsel appearing for the Insurance Company-respondent No.10 submits that the learned Tribunal has rightly held the appellant liable. There was a clear breach of terms and conditions of the insurance policy. The trolley is not part of the tractor. For the agriculture instruments, extra premium has to be paid. He prays for dismissal of the appeal.