The insurance company is liable for compensation claims arising from an insured trailer despite the tractor being uninsured, with rights to recover the amount from the vehicle's owner.

J U D G M E N T

The present Civil Miscellaneous Appeal has been filed by the Insurance Company, challenging the award passed in M.C.O.P.No.733 of 2017, on the file of the Motor Accident Claims Tribunal, Special Court for E.C & NDPS Act Cases, Pudukkottai, primarily on the ground of liability.

2. According to the claimants, the deceased was riding a two wheeler on 22.03.2017. At that point of time, the Tractor owned by the first respondent to which a Trailer was attached was moving in a rash and negligent manner. In view of the rash and negligent driving on the part of the Tractor driver, the rear door of the Trailer got opened and it dashed against the deceased, the victim had fallen down, sustained grievous injuries and died on the spot.

3. The claimants have further contended that the deceased was an agriculturist and he was aged about 34 years, earning a sum of Rs.15,000/-

per month.

4. The appellant/Insurance Company has filed a counter contending that only the Trailer was insured with them and not the Tractor. According to the Insurance Company, the Tractor was an uninsured vehicle. Therefore, attaching the trailer with an uninsured vehicle is against the policy conditions and therefore, they are not liable to pay any compensation. He had further contended that the negligence could be attributed only to the driver of the Tractor and when the Tractor was an uninsured vehicle, the question of payment of any compensation would not arise.

5. The Tribunal, after considering the oral and documentary evidence, has arrived at a finding that the driver of the Tractor was having a valid driving licence at the relevant point of time. The Tribunal further found that only the Trailer which is insured with the appellant/Insurance Company has caused accident and has proceeded to fix the compensation of Rs.12,84,600/-. Challenging the said award, the present appeal has been filed by the Insurance Company.

6. According to the learned counsel appearing for the appellant, the first respondent in the claim petition is the owner of the Tractor. The said Tractor has not been insured. The second respondent in the claim petition is the owner of the Trailer, which is insured with the appellant/Insurance Company. Unless the driver of the Tractor is attributed with negligence, the payment of compensation by the Insurance Company would not arise. Even assuming that there is no negligence on the part of the driver of the Tractor, since the said vehicle has not been insured, they are not liable to pay any compensation. The Tribunal has erroneously mulcted the liability upon the Insurance Company based upon the fact that the Trailer has been insured. Hence, he prayed for setting aside the award passed by the Tribunal as against the Insurance Company.

7. Per contra, the learned counsel appearing for the respondents 1 to 5/

claimants had contended that the rear door of the trailer had got suddenly opened and it dashed against the rider of the two wheeler. Therefore, only the part of the Trailer has caused the accident and therefore, the insurer of the said Trailer is liable to pay the compensation. He further contended that the award amount of the Trailer is on the lessor side and he prayed for enhancement of compensation.

8. I have carefully considered the submissions made by the learned counsel on either side and perused the materials on record.

9. While the victim was riding a two wheeler, the Trailer attached to a Tractor was moving ahead of the said two wheeler. The rear door of the Trailer has got opened and dashed against the forehead of the victim, who was riding a two wheeler. Due to the said impact, the victim sustained grievous injuries and he died on the spot. The manner of accident is not in dispute.

10. The only contention raised on the side of the Insurance Company is that the Trailer was not attached to an insured vehicle. Therefore, they are not liable to pay any compensation. It is clear that the Trailer, which is insured with the appellant/Insu