mact
awadhesh khadiwala
(Querist) 30 July 2011
This query is : Resolved
sir
Tractor attached trailer carreing stone met to an accident stone was loaded for making temple tractor is registered for agriculture purposes.whether insurer is lible for damage to third party death claim
Advocate Rajkumarlaxman
(Expert) 30 July 2011
First we have to see whether the trailer is registered or not it needs separate registration you may know it. as you said trailer was hit and death occured. Though the trcator is registered for agriculktural use was it having permission for trailer ? if yes then insurer is liable. incase if there is no permission for trailer then the owner of the trcator has to suffer becuase if it was not permissble then it is his sole responsibilty and matter will be put up against this Owner of tractor only and not insurer.
J.D.Sharma
(Expert) 02 August 2011
No, Insurer is not liable to pay any damage to the third party death claim as tractor trailer is used for the other purpose(Commercial purpose) then it is registered for( agricultural purpose), which is in utter dis-regard or violation of terms and condition of the policy which surely would have this clause. As a part of social welfare legislation, the Motor Vehicle Act obliges the insuror to pay the amount of compensation to the victim of a motor vehicle accident.However, the liability of the insurer depends on the terms of the contract between the insured and the insurer contained in the policy.
However, there are ways to get it fixed on insurer.
