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2010 Supreme(AP) 91

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


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: Josyula Bhaskara Rao, Adv.
For Respondents/Defendant: Kota Subba Rao, Adv.

JUDGMENT

C.V. Nagarjuna Reddy, J.

1. This motor accidents civil miscellaneous appeal is filed against the award dated 16.7.2004 in M.V.O.P. No. 244 of 2000, on the file of the Chairman, Motor Accidents Claims Tribunal-cum-Fourth 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.

2. 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.

3. The only contention advanced by Mr. Josyula Bhaskara Rao, learned Counsel for the Appellants-claimants is that Tribunal has not made Respondent No. 3, New India Assurance Co. Ltd. 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.

4. In Oriental Insurance Co. Ltd. v. Brij Mohan 2007 ACJ 1909 it was held that the insurance company is not liable for the death or injuries caused to the labourers travelling in the trailers. Thi




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