BENGALURU: The High Court on Saturday ruled that the insurer cannot avoid liability against the insured by taking the defence that the insured shall not use the agricultural tractor-trailer for hire or reward on the basis that such a condition is incorporated in the policy. It violates the provisions of of the Motor Vehicles Act and the Central Motor Vehicle Rules, it said.
The court also directed the insurer to pay compensation to the claimants by indemnifying the owner of the tractor-trailer. Justice Hanchate Sanjeev Kumar passed the order, modifying the order dated April 28, 2012, passed by the Motor Vehicle Accident Tribunal in Bhadravathi.
On May 3, 2010, timber merchant Madesha took Dasthagirsab and Yelakaiah to Chinnikatte village for cutting nilgiri (eucalyptus) trees. While transporting the logs on the tractor, the driver entered a weighbridge at Jedikatte in Bhadravathi at a high speed.
The tractor turned turtle, crushing Madesha, Dasthagirsab and Yelakaiah, who were nearby, under it. Dasthagirsab and Yelakaiah died on the spot, whereas Madesha succumbed at the hospital.
The families of the deceased approached the tribunal. While awarding compensation of Rs 4.5 lakh, 5.7 lakh and Rs 1.7 lakh to the three families, the tribunal held the tractor’s owner liable for paying the amount and exonerated the National Insurance Company, saying that the appellant used the tractor-trailer on a hire-and-reward basis.
The Tribunal held that the tractor shall be used only for personal use of the owner for agricultural purposes, therefore, there is a violation of the terms of the insurance policy.