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Supreme Court Of India

(From : Andhra Pradesh)

Hon'ble Judge(s): N. Santosh Hegde, Satya Brata Sinha, A. K. Mathur , JJJ

(A) Motor Vehicles Act (59 of 1988) , S.2(14), S.2(44)— Goods carriage - Tractor fitted with trailer - May or may not be goods carriage. A tractor is not a goods carriage. The "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" 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 propultion); but excludes a road-roller". The "trailer" has been defined in Section 2(46) to mean "any vehicle, other than a semi-trailer and a side-car, drawn or intended to be drawn by a motor vehicle". 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.(Para 16 17) (B) Motor Vehicles Act (59 of 1988) , S.147(1)— (as it stood prior to its amendment by Act 54 of 1994) - Accident - Liability of insurer - Death of owner of goods while travelling along with goods in trailer attached to a tractor - Accident taking place prior to coming into force of the 1994 amendment - Insurer not liable to pay compensation.....