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2002 Supreme(AP) 1266

G.BIKSHAPATHY
Gunti Devaiah – Appellant
Versus
Vaka Peddi Reddy – Respondent


G. BIKSHAPATHY, J.

( 1 ) ALL the appeals can be disposed of by common order. The appeals are filed by the claimants on a very limited issue as to the liability of the insurance company.

( 2 ) THE claimants travelled in a trailer as coolies on 8. 6. 1993 and on account of rash and negligent driving of the tractor by its driver, it turned turtle and consequently all the occupants in the trailer received injuries and, therefore, they laid claims for compensation.

( 3 ) THE Tribunal recorded a finding that the driver of the tractor was responsible for the accident and the accident was caused due to rash and negligent driving of the driver. The Tribunal further recorded that since the tractor was insured and trailer was not insured, the liability was fastened only on the owner of the vehicle and the insurance company was absolved of the liability. Aggrieved by the said order to the extent of absolving the insurance company from the liability, the above appeals are filed by the claimants contending that the insurance company ought to have been made liable along with the owner of the tractor.

( 4 ) LEARNED counsel for the claimants-appellants submits that tractor was carrying the trailer


























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