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The Bombay High Court passed a order on 8 March, 2023.This was seen in the case of Chabu @ Chayatai Vasanta Kodape vs Balaji Wasudeo Somankar FA NO.1441/2019 and the case was presided over by Hon’ble Justice Urmila Joshi-Phalke. FACTS OF THE CASE:

In this case the deceased was a labour under the owner of the tractor and deceased wife is appellant in this case. On May10,2014 when the tractor was driven by the driver and he was sitting beside him and the driver was driving the vehicle in negligent way, due to which the deceased was thrown out of the tractor and he died at the spot. The insurance company, argued that the driver, who drove the tractor at the relevant time was not holding a valid licence since he had attached a trailer to the tractor.

ORDER BY COURT:

The judge, noted that the insurance company had taken an extra premium of ₹50,000 for trailer, at the time of finalising the policy with the vehicle owner. Thus, a permanent licence holder, having an effective and a valid licence to drive a tractor, can even drive the tractor along with the trailer which is used to carrying the goods. As the premium towards the trailer is accepted, the contention of the Insurance Company, that driver was not holding a valid driving licence to drive the tractor with trailer, is not sustainable,” the bench held.

 

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JUDGEMENT REVIEWED BY ARCHLA.

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