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. This has been reiterated in United India Insurance Company Limited vs. Serjerao and Others (2007 AIR SCW 7280).

A perusal of the policy shows that premium has been paid only for driver of the tractor. As the premium does not cover the labourers, respondent No.3-Insurance Company is not liable to pay compensation for the death of the deceased, who was, allegedly, a labourer travelling in the trailer.

Though the learned Counsel for the appellants submitted that the compensation awarded by the Tribunal is inadequate, having regard to the facts and circumstances and evidence on record, I am of the view that the quantum of compensation awarded by the Tribunal is just, valid and reasonable.

For the abovementioned reasons, the Civil Miscellaneous Appeal fails and is, accordingly, dismissed.