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1 - 4 of 4 (0.45 seconds)The Indian Penal Code, 1860
The Motor Vehicles Act, 1988
The Branch Manager, M/S. The New India ... vs Mr. R. Subramani, No.18, K.V.R. Nagar ... on 11 June, 2013
15. The next contention that the trailer was not insured is
concerned, admittedly, the trailer was attached with the tractor and no
evidence placed on record to show whether the trailer was insured or not.
This Court in The Divisional Manager, Union India Insurance Co. Ltd.,
vs. Subramani and others [C.M.A. No.1815 of 2015, dated 28.09.2020] and
in the case of The Branch Manager, Oriental Insurance Company Limited
https://www.mhc.tn.gov.in/judis
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C.M.A. No. 1000 of 2017
vs. Krishnammal and others [C.M.A.(MD) No.137 of 2021, dated
23.09.2021] held that, if trailer is not attached with any vehicle, it cannot
move on its own. Once a trailer is attached to the tractor, it becomes a
single unit vehicle, hence the owner of the trailer as well as the owner of the
tractor are equally liable for any loss. If it is proved that the trailer was not
insured and whether the tractor and the trailer are owned by one and the
same or different persons before plying on the road, the tractor owner
should ensure that the tractor as well as the trailer attached to it are duly
insured. If there is any lapse on the part of the owner, it amounts to
violation of policy condition as well as the Motor Vehicle Act. In such
cases, the insurer have no responsibility to indemnify the owner. It is also
held that, if the tractor was insured and the trailer has no insurance
coverage, then the insurance company shall indemnify 50% of the liability
and balance 50% should be paid by the owner of the vehicle.
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