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Showing posts with label
tractor and trailer
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Showing posts with label
tractor and trailer
.
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Monday, October 29, 2012
whether the risk of the deceased, who is said to be working as labourer on the vehicle at the time of accident, is not covered by the policy, the case of Opposite Party - II is that as no additional premium was paid to cover the risk of the labourers working on the tractor and since the deceased was said to be working as a labourer on the vehicle at the time of accident, it is not liable to indemnify Opposite Party - I, the owner of the vehicle. No doubt, as found hereinabove, Ex.D-1, which is a proposal form, was submitted for insuring the vehicle for agricultural purpose, Ex.D-2 cover note was specifically issued for agricultural purpose and Ex.D-3 policy shows that it was a comprehensive policy issued for miscellaneous and other special types of vehicles. It further shows that it was issued for both the tractor and the trailer and is subsisting as on the date of accident and it is apparent from the contents of Ex.D-3 that premium was being collected to cover the risk of the owner - cum - driver of the vehicle and also two employees employed on it under the Workmen's Compensation Act. Thus, it is clear that the policy covers the risk of the two employees employed on the vehicle, as such, the risk of the deceased, who was employed as a labourer on it for loading and unloading the bricks, is covered as he died in the accident during and in the course of his employment. Thus, the plea of Opposite Party - II that the risk of the deceased is not covered by the policy is false and baseless and the same is also disproved.
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THE HONOURABLE SRI JUSTICE B.N. RAO NALLA CIVIL MISCELLANEOUS APPEAL No.1050 OF 2010 05-10-2012 The New India Assuran...
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