UNITED INDIA INSURANCE CO LTD Vs. KRISHN CHAND

JUDGEMENT

(1.) This judgment shall dispose of two appeals being F.A.O. Nos. 99 and 100 of 1998 as they arise out of the same accident and the same award.

(2.) The facts necessary for decision of the case are that on 11.10.1994 at about 12.30 noon Krishan Chand was driving a motor cycle. His brother-in-law Nasib Singh was silting on the pillion. This motor cycle met with an accident with tractor No. PCH 5539. Both Krishan Chand and Nasib Singh filed claim petitions on the ground that the accident had occurred due to rash and negligent driving of the driver of the tractor. The Claims Tribunal allowed the claim petitions and awarded a sum of Rs. 44,000 in favour of Krishan Chand and Rs. 50,000 in favour of Nasib Singh. The tractor was insured with the appellant insurance company and it has been made liable to pay the compensation.

(3.) These appeals have been filed by the insurance company. The main contention raised on behalf of the insurance company is that the tractor at the relevant time was pulling a trailer. Therefore, according to the insurance company, the vehicle was a goods vehicle for all intents and purposes.