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2009 Supreme(AP) 715

C.V.NAGARJUNA REDDY
Gangala Raju – Appellant
Versus
Rayavarapu Apparao – Respondent


Advocates appeared:
For the Petitioners:Mr. Josyula Bhaskara Rao, Advocate. For the Respondent:R1 & R2 - None appeared, & R3 - Mr. Kota Subba Rao, Advocate.

JUDGMENT :-

This Motor Accidents Civil Miscellaneous Appeal is filed against award, dated 16-07-2004, in M.V.O.P.No.244 of 2000, on the file of the Chairman, Motor Accidents Claims Tribunal -cum- IV Additional District Judge, East Godavari District, Kakinada (for short 'the Tribunal'), to the extent that the Court below disallowed the claim for compensation made by the appellants. The deceased was stated to have been travelling in the trailer of a tractor, bearing registration No.AP 5T 1560/1561, which met with an accident, resulting in his instantaneous death.

The only contention advanced by Sri Josyula Bhaskara Rao, learned Counsel for the appellants-claimants, is that the Tribunal has not made respondent No.3-The New India Assurance Company Limited jointly and severally liable along with respondent Nos.1 and 2. The learned Counsel further submitted that as the trailer is a part of the tractor, as held by this Court in some of its judgments, respondent No.3 is liable. In Oriental Insurance Company Limited vs. Brij Mohan and others (2007 (7) Scale 753), it was held that the Insurance Company is not liable for the death or injuries caused to the labourers travelling in the trailers.



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