Insurer's appeal admission via affidavit that policy covered third-party liability for tractor and trailer shifts liability to insurer under Section 149 MV Act, overriding tribunal's finding of no coverage for unregistered trailer.

JUDGMENT :

PANKAJ PUROHIT, J.

1. This appeal arises out of the judgment and award dated 21.04.2012 passed by the Motor Accident Claims Tribunal, whereby compensation to the tune of Rs.18,18,872/- along with interest @ 9% per annum from the date of filing of claim petition till actual payment was made, was awarded in favour of the claimants on account of the death of Rajkumar, who succumbed to injuries sustained in a motor vehicle accident dated 10.10.2004. The appellants herein are the owner and driver of the tractor-trolley, who were arrayed as respondent nos. 1 to 4 before the Tribunal. The appeal has been preferred assailing the fastening of liability upon them and seeking absolution on the ground that the insurance company ought to have been held liable.

2. The brief facts of the case are that on 10.10.2004 at about 7:40 PM, deceased Rajkumar was travelling in a Maruti car bearing registration no. DL- 1CB-3975, which was proceeding on the Shahabad - Rampur road. When the vehicle reached near Peer Baba, a tractor–trolley bearing registration no. HR-02-L-2967 came ahead of the car. It was alleged that the tractor- trolley was being driven rashly and negligently, without any indicator or signal. The driver of the tractor-trolley suddenly applied brakes, as a result of which the Maruti car collided with the rear portion of the trolley. Rajkumar sustained grievous injuries in the accident and was taken to hospital, where he ultimately succumbed to the injuries on 17.10.2004. An FIR was lodged in respect of the accident, and after investigation, charge-sheet was filed against the driver of the tractor-trolley. The claim petition was filed by the widow, minor children and parents of the deceased under Section 166 of the Motor Vehicles Act, pleading that the accident occurred solely due to the rash and negligent driving of the tractor–trolley.

3. It was pleaded by the claimants that the deceased was aged about 33 years, was employed on a permanent post, and was earning a monthly salary of Rs.8,305/-. It was further pleaded that the deceased was the sole breadwinner of the family and that his death resulted in immense financial hardship and mental agony to the dependants. The claimants sought compensation of Rs.30,00,000/-, together with interest.

4. The owner and driver of the tractor–trolley filed their written statement denying the allegations of negligence. It was pleaded that the accident did not occur due to any fault on their part and that the tractor–trolley was being driven carefully and at a slow speed. It was further pleaded that the tractor was duly insured, was being driven by a licensed driver, and that in any case, the insurance company was liable to indemnify them. The appellants also raised a plea that the accident occurred due to the negligence of the driver of the Maruti car.

5. The insurance company filed its written statement disputing its liability. It was specifically pleaded that although the tractor was insured, the tractor-trolley involved in the accident was neither registered nor insured on the date of the accident. It was further pleaded that the trolley was being used in violation of the policy conditions and statutory provisions. On the said grounds, the insurance company claimed that it was not liable to satisfy the award.

6. On the basis of the pleadings of the parties, the Tribunal framed the following issues:

1. Whether on 10.10.2004 at about 7:40 PM, the accident occurred due to