Goverdhan Bardhar,J. - (1.) Instant misc. appeal has been filed by the appellant Insurance company against the judgment and award dated 05.07.2019 passed by learned Judge, Family Court and Motor Accident Claims Tribunal, Chittorgarh in Claim Case No. 439/2017 whereby, while awarding compensation in the sum of Rs. 9,96,800/- to the claimants, 50% liability has been fastened upon the appellant Insurance company of the Trailer.
(2.) Learned counsel for the appellant submits that the Issue No. 1 regarding the negligence and liability of the Horse truck and attached trailer (trolley) has been wrongly decided by the learned Tribunal. It is argued that that the Horse truck and trailer were separately insured. The trolley was insured as per Section 61 of the Motor Vehicles Act, 1988. Since the trailer neither independently moves nor caused accident and since the accident was caused due to rash and negligent driving of driver of Horse Truck, therefore, insurance company of only Horse Truck is liable for losses caused due to accident and owner and insurance company of trailer cannot be saddled with the liability for loss caused due to the accident.
(3.) I have head learned counsel for the and gone through the impugned judgment and award.;