JUDGMENT :

The present appeal is filed by the appellant-claimant challenging the judgment and award dated 29.10.2010 passed in MVC.No.9966/2008 by 24th Addl. Judge, Member, Motor Accident Claims Tribunal, Bangalore (ACMM-22), fastening the liability on the owner of the vehicle/machinery for payment of compensation and also for enhancement of compensation.

2. The factum of accident is not in dispute.

3. Heard the arguments from both sides and perused the records.

4. In the present case, the Tribunal has fastened liability on respondent No.1-owner on the ground that the insurance policy issued is Contractor’s Plant and Machinery Insurance Policy and it is not Motor Vehicle Insurance Policy. Therefore, the risk of third party is not covered under the said Contractor’s Plant and Machinery Insurance Policy. Based on this, the Tribunal has exonerated the Insurance Company and fastened liability on respondent No.1-owner of the machinery/vehicle.

5. Learned counsel for the appellant-claimant submitted that the offending vehicle is a motor vehicle as its nomenclature is mentioned as “Motor Taradar” as described in the certificate of registration issued by the Regional Transport Authorities. Ther