Motor Vehicles Act, 1988 – s.147 – Fatal accident – Compensation – Liability of the insurance company – Tractor insured with the appellant-insurance company attached to a trailer, and due to rash and negligent driving of the driver, tractor and trailer toppled, person on the trailer, fell off the trailer, resulting in his death – Claimants-wife and minor daughters claimed compensation – Tribunal granted compensation of Rs.9,50,000/- and held that risk of employee of the tractor and trailer was not statutorily covered and fastened the liability to satisfy the award on the owner and the driver – Claimants sought enhancement of compensation – High Court enhanced compensation to Rs.13,28,940/- and fastened the liability of compensation on the appellant – Correctness:
Held: If an insured vehicle hits another vehicle which in turn hits a third vehicle, then for the entire chain of accidents, the liability would pass on to the vehicle which was the root cause of the accident because it is the result of the action in the same chain of events which cannot be segregated or compartmentalized – Court is duty-bound to be mindful of the ground realities and cannot let practicality be overshadowed by technicality – On facts, the main cause of the accident was the tractor which was pulling/driving/moving the trailer and in such sequence of events, the trailer upturned – Thus, the accident was caused by the tractor, as during the course of being driven/pulled by the tractor, the accident occurred – Liability of the tractor/its insurer extended to the accident caused by the tractor resulting in the death of the deceased, through the trailer – Appellant ought not to be saddled with payment of compensation exceeding what the insurance policy provides for or the limit, if any, set under any law, whichever be the higher amount of the two – Amount exclusively payable by the appellant, however, in no case be less than Rs.9,50,000/- – No infirmity in the impugned order, either with regard to the quantum of compensation awarded or fixation of liability on the insurer-appellant for the accident. [Paras 11, 12, 18, 19]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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