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2010 Supreme(P&H) 2416

K.KANNAN
United India Insurance Company Limited – Appellant
Versus
Ramji Lal – Respondent


Judgment

K.Kannan, J.

1.

1. The lis

2. The Insurance Company challenges the award passed against it on the ground that the deceased had taken a lift with the driver of the tractor and seated himself on mud guard. He got thrown out of tractor when it was in motion and got killed. The Insurance Company pleads that a tractor is not meant to carry passengers and had sitting capacity as per the Registration Certificate book of only one that is meant for the driver. Further, learned counsel appearing for the Insurance Company pleads that the person, who died, was being carried on the mudguard of the tractor and there was no insurance cover for a person travelling in the tractor. The tractor is neither a passenger vehicle nor a goods vehicle where persons could be carried and the Insurance Company for the tractor will, therefore, be not made liable.

2. Statutory meanings for tractor, trailer and goods carriage The tractor is defined under Section 2(44) of the Motor Vehicles Act "as a motor vehicle which is not itself constructed to carry any load (other than equipment used for the purpose of propulsion); but excludes a road-roller." The tractor by itself cannot therefore be treated as a go






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