Trailer attached to the Tractor was not insured – SC exercised powers under Art.142 of the Constitution in exceptional circumstances
Judgment dated 28.8.2023 of the Supreme Court of India
The appellant / claimant, the labourer and aged 20 years, suffered injuries in the accident while travelling in the “trailer” attached to the tractor.
There was amputation of left lower limb above the knee joint.
Apart from 100% disability, there was prejudice to the marriage prospects and to lead normal life.
The trailer was not insured, whereas, tractor was insured.
By the award dated 27.2.2015, the Tribunal had granted compensation of Rs.1,78,500/- with interest.
The High Court had enhanced the compensation to Rs.9,99,280/-.
However, the High Court had exonerated the Insurance Company from the liability to pay compensation since the trailer was not insured.
In view of the peculiar facts and circumstances of the case and since it would not possible for the claimant to recover compensation from the owner, the Supreme Court in exercise of its powers under Article 142 of the Constitution of India and to do complete justice, had directed the Insurance Company to pay the compensation to the appellant and recover from the owner.
Dhondubai Vs. Hanmantappa Bandappa Gandigude since deceased through his LRS and others (Civil Appeal Nos.5459-5460 of 2023)
