NEW INDIA ASSURANCE CO LTD Vs. KANTA RANI

JUDGEMENT

(1.) This appeal under section 173 of Motor Vehicles Act (hereinafter referred to as 'the Act') is directed against the award of the Motor Accidents Claims Tribunal, Una (hereinafter referred to as 'the Tribunal'), in M.A.C. Petition No. 47 of 1997; decided on 23.6.2000.

(2.) The admitted facts are that deceased Gopal Sharma, son of claimant Kanta Rani was running a karvana shop at Rakkar Colony, Una. On T.6.1997 at about 8.30 p.m. he had gone to urinate on the side of the road. It is alleged that a tractor No. PB 12-A 6386 came at a high speed and the trolley attached with the tractor hit the deceased who died as a result of the injuries sustained in the accident. The owner and driver of the tractor contested the claim petition on the ground that in fact no accident has taken place. Insurance company has taken up various pleas including the plea that the tractor was not insured with it. The Tribunal has held that the deceased was hit by the trolley attached with the tractor. The mother was held entitled to compensation of Rs. 1,37,000 and it was ordered that the insurance company should pay this amount.

(3.) I have heard Mr. K.D. Sood, learned counsel for the appellant. He submits that in fact the tractor was not insured with the insurance company. He has, however, fairly stated that as per Exh. R2 the trolley attached to the tractor was admittedly insured with appellant insurance company. This rather unique position has come out in the present case where the main motor vehicle is not insured but the trailer attached with the motor vehicle is insured. 'Motor vehicle' under section 2 (28) of the Motor Vehicles Act has been defined as follows: