TMI Blog2007 (5) TMI 592X X X X Extracts X X X X X X X X Extracts X X X X ..... he trolley were insured or not. It may not be necessary to determine the said question. He was engaged to dig earth from a place known as Shishwali Ka Rasta. The earth so dug was loaded on the trolley attached to the tractor. Respondent and other workers were returning to the Bhatta (brick-klin). He was sitting on the earth loaded on the trolley. The tractor allegedly was being driven rashly and negligently by Hemraj, the driver. He slipped down from the trolley, came under the wheels thereof injuring his gall-bladder and left thigh, as a result whereof he suffered grievous injuries. 4. The learned Tribunal noticed the defence raised by the appellant herein in the said proceedings which, inter alia, were : (i) the trolley was not insured, and only the tractor was insured; (ii) as the tractor was not being used for agricultural work, the claim petition was not maintainable. (iii) issuance of premium having been paid only for one person, namely, the driver of the tractor; no award could be passed against the insurer. 5. The Tribunal, however, by reason of its award, awarded a sum of ₹ 1,96,100/- by way of compensation in favour of the respondent in respect of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ibunal stating that the earth had been dug and was being carried in the trolley to the brick-klin. Evidently the earth was meant to be used only for the purpose of manufacturing bricks. Digging of earth for the purpose of manufacture of brick-klin indisputably cannot amount to carrying out of the agricultural work. 9. In National Insurance Co. Ltd. v. V. Chinnamma Ors. [(2004) 8 SCC 697], this Court held :- 14. An insurance for an owner of the goods or his authorised representative travelling in a vehicle became compulsory only with effect from 14-11-1994 i.e. from the date of coming into force of amending Act 54 of 1994. 15. Furthermore, a tractor is not even a goods carriage . The expression goods carriage has been defined in Section 2(14) to mean any motor vehicle constructed or adapted for use solely for the carriage of goods, or any motor vehicle not so constructed or adapted when used for the carriage of goods (emphasis supplied) whereas tractor has been defined in Section 2(44) to mean a motor vehicle which is not itself constructed to carry any load (other than equipment used for the purpose of propulsion); but excludes a roadroller . Trailer has been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Workmens Compensation Act. It does not speak of any passenger in a goods carriage . 26. In view of the changes in the relevant provisions in the 1988 Act vis-`-vis the 1939 Act, we are of the opinion that the meaning of the words any person must also be attributed having regard to the context in which they have been used i.e. a third party . Keeping in view the provisions of the 1988 Act, we are of the opinion that as the provisions thereof do not enjoin any statutory liability on the owner of a vehicle to get his vehicle insured for any passenger travelling in a goods vehicle, the insurers would not be liable therefor. 27. Furthermore, sub-clause (i) of clause (b) of sub- section (1) of Section 147 speaks of liability which may be incurred by the owner of a vehicle in respect of death of or bodily injury to any person or damage to any property of a third party caused by or arising out of the use of the vehicle in a public place, whereas sub-clause (ii) thereof deals with liability which may be incurred by the owner of a vehicle against the death of or bodily injury to any passenger of a public service vehicle caused by or arising out of the use of the vehicle in a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erty of a third party caused by or arising out of the use of the vehicle in a public place. Furthermore, an owner of a passenger- carrying vehicle must pay premium for covering the risks of the passengers travelling in the vehicle. The premium in view of the 1994 amendment would only cover a third party as also the owner of the goods or his authorised representative and not any passenger carried in a goods vehicle whether for hire or reward or otherwise. 12. Interpretation of the contracts of insurance in terms of Section 147 and 149 of the Motor Vehicles Act came up for consideration recently before a Division Bench of this Court in National Insurance Co. Ltd. v. Laxmi Narain Dhut [2007 (4) SCALE 36], wherein it was held :- 24. As noted above, there is no contractual relation between the third party and the insurer. Because of the statutory intervention in terms of Section 149, the same becomes operative in essence and Section 149 provides complete insulation. 25. In the background of the statutory provisions, one thing is crystal clear i.e. the statute is beneficial one qua the third party. But that benefit cannot be extended to the owner of the offending vehicle. The l ..... X X X X Extracts X X X X X X X X Extracts X X X X
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