G.K.ILANTHIRAIYAN
United India Insurance Company Limited – Appellant
Versus
Rangasamy – Respondent
JUDGMENT :
1. These appeals have been laid as against the award and decree dated 30.01.2014 made in OP.No.1001, 1002 & 1004 of 2013 on the file of the Motor Accident Claims Tribunal (Special Subordinate Judge), Tirupattur
2. For the sake of convenience, the parties are referred to hereunder according to their litigative status before the Tribunal.
3. The case of the claimants is that on 23.01.2008, when they were travelling as loading and unloading cooli in a tractor trailer loaded with bricks, its driver had driven the tractor in a rash and negligence manner, due to which the tractor and trailer capsized on the road. In the said accident, the claimants sustained grievous injuries. They were immediately taken to Government Hospital, Tirupattur for treatment. They have become permanently disabled and filed separate claim petitions respectively.
4. Resisting the same, the second respondent filed counter stating that the tractor belongs to the first respondent which was insured with the second respondent under farmers package policy. The coolis travelled in the tractor trailer have no coverage and no extra premium has been paid by the first respondent. The tractor and trailer should be us
National Insurance Co. Ltd. v. Swam Singh reported in (2004) 3 SCC 297
Mangla Ram v. Oriental Insurance Co. Ltd. reported in (2018) 5 SCC 656
Rani v. National Insurance Co. Ltd. reported in 2018 (9) Scale 310
Manuara Khatun v. Rajesh Kumar Singh reported in (2017) 4 SCC 796
National Insurance Company Ltd. v. Saju P. Paul reported in (2013) 2 SCC 41
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