The Supreme Court in the case Dhondubai vs HanmantappaBandappa Gandigude observed and has stated that the insurance company is not liable if the claimant was travelling in the trailer attached to the tractor, thus, which was not insured though tractor was insured.
The court in the case observed that the tractor and the trailer are involved, both the tractor as well as the trailer are in the case required to be insured.
The Bombay High Court in the case observed and has enhanced the compensation for an amount of Rs.9,99,280/- with interest @ 9% per annum. The court while taking note that the claimant was travelling in the trailer attached to the tractor, which was not insured though tractor was insured, the High Court exonerated the Insurance Company. The Apex Court bench in an appeal agreed with the view of the High Court and has stated that when the claimant was travelling in the trailer which was not insured, thus, the liability on the Insurance Company cannot be fastened. However, the bench noted that the claimant is a lady who was working as a labourer and was travelling in the tractor attached to the trailer, who was about 20 years old as on the date of the accident. The bench in the case observed that due to the injuries suffered in the accident she had also undergone amputation of her left lower limb above the knee joint. Further, apart from the disability being 100%, there is prejudice to the marriage prospects and to lead a normal life and in such kind of circumstances, the same would not be possible for the claimant to recover the amount from the owner. The bench in the case relied on its judgment in the case Oriental Insurance Company Ltd. Vs. Brij Mohan. Therefore, the bench observed and has directed the Insurance Company to pay the amount awarded by the High Court as the compensation with the accrued interest and recover the same from the owner of the vehicle.
