Accident of tractor – death of coolie travelling in trailer – liability – Section 147(1)(b) – MV Act
On 29.2.2012, the deceased was travelling in a trailer attached to the tractor and trailer as a coolie to unload the soil. However, it was toppled causing injuries and ultimately death of the deceased.
The Tribunal granted compensation of Rs.9,50,000/- and held that the risk of employee of the tractor / trailer was not statutorily covered under Section 147(1)(b) of the Motor Vehicles Act, 1988 and fastened the award liability on the owner.
The High Court enhanced the compensation to Rs.13,28,940/- but fastened the liability on the appellant – Insurance Company.
HELD that the tractor was the reason for the accident. It is not the case that only because of some fault of trailer stand-alone. The liability of the tractor / its insurer extended to the accident caused by it through the trailer, resulting in the death of deceased.
Judgment dated 5.5.2025 of the Supreme Court of India in SLP [C] NO. 2135 OF 2023 of The Royal Sundaram Alliance Insurance Company Limited Vs. Smt. Honnamma and others
