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TMI Blog2007 (5) TMI 592X X X X Extracts X X X X X X X X Extracts X X X X ..... he 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 Rs. 1,96,100/- by way of compensation in favour of the respondent in respect of the injuries suffered by him as a result of the said accident. An appeal, preferred thereagainst, as noticed hereinbefore, has been dismissed by the High Court by reason of the impugned judgment. 6. Mr. M.K. Dua, learned counsel appearing on behalf of the appellant submitted that the Tribunal as also the High Court committed manifest errors in passing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 defined in Section 2(46) to mean "any vehicle, other than a semi-trailer and a sidecar, drawn or intended to be drawn by a motor vehicle". 16. A tractor fitted with a trailer may or may not answer the definition of goods carriage contained in Section 2(14) of the Motor Vehicles Act. The tractor was meant to be used for agricultural purposes. The trailer attached to the tra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s 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 public place." [See also National Insurance Co. Ltd. v. Bommithi Subbhayamma and Others [(2005) 12 SCC 243 and United India Insurance Co. Ltd., Shimla v. Tilak Singh and Ors. [(2006) 4 SCC 404]. 11. Although the effect in 1994 amendment in the Motor Vehicles Act did not call for consideration in Asha Rani (supra), a 3 Judge Bench of this Court had the occasion to consider the said q ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 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 logic of fake licence has to be considered differently in respect of third party and in respect of own damage claims." It was further observed : "36. It is also well settled that to arrive at the intention of the legislation depending on the objects for which the enactment is made, the Court can resort to historical, contextual and purposive interpretation leaving textual interpretation aside. 37. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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