NATIONAL INSURANCE CO LTD Vs. P POOSAPPAN

JUDGEMENT

(1.) The opposite party National Insurance Company Ltd. , against which an award has been passed is the appellant.

(2.) The complainant had insured his tractor with the opposite party. During the currency of the insurance on 18.6.1994 when the tractor was crossing a Railway Level Crossing at Chavadipalayam a train hit at the tractor and it was totally damaged. According to the complainant he sustained a loss of Rs.1,74,500/-. The complainant preferred a claim with the opposite party for the said amount. But his claim was negatived on the ground that the conditions of policy had been violated. But there was no such violations and therefore the repudiation of the complainant's claim by the opposite party amounts to deficiency in service. On these grounds the complaint was filed.

(3.) The opposite parties in their version contended that at the time of the accident the tractor was towing two trailers loaded with manure. In such condition under Sec.66 of the Motor Vehicles Act the tractor becomes a transport vehicle and that as such required a permit. Only the tractor was insured and no trailer was insured. Therefore rightly the opposite party repudiated the claim. The value of the vehicle was Rs.1,74,500/-. In any event the amount claimed by the complainant is highly excessive.