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2003 Supreme(AP) 894

G.YETHIRAJULU
New India Assurance Co. Ltd. – Appellant
Versus
Putta Laxmi – Respondent


G. YETHIRAJULU, J.

( 1 ) THESE appeals arose out of a common judgment of the motor Accidents Claims Tribunal, Adilabad district, dated 29. 11. 2000 preferred by the insurer of the accident vehicle.

( 2 ) C. M. A. No. 2720 of 2001, pertains to the claim for the death of one person and other appeals related to the injured.

( 3 ) THE Claims Tribunal while awarding compensation to the claimants made the appellant liable to indemnify the owner with joint and several liability. The appellant being aggrieved by the common order of the Tribunal preferred these appeals challenging its validity and legality. The appellant contends that though the injured and the deceased were travelling in the trailer attached to the tractor as loading and unloading coolies, the driver was having only light motor vehicle driving licence and as the tractor attached with the trailer, is treated as heavy motor vehicle, it shall be held that there was no valid licence to the driver of tractor at the time of accident.

( 4 ) LEARNED counsel for the respondents submitted that the tractor is a transport vehicle and nobody shall ply the said vehicle without proper licence but as the driver was having LMV driving lice






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