Insurance companies must prove policy violations to avoid liability; vehicles used for agricultural purposes are covered under insurance.

COMMON JUDGMENT:

M.A.C.M.A.No.2752 of 2012, under Section 173 of the Motor Vehicles Act, 1988 , is filed by the owner of the offending tractor-cum-trailer assailing the award dated 11.07.2012 of the learned Chairman, Motor Accidents Claims Tribunal-cum-VII Additional District Judge (F.T.C.), Madanapalle (hereinafter referred to as ‘the Claims Tribunal’) in O.P.No.182 of 2009.

2. M.A.C.M.A.No.2758 of 2012, under Section 173 of the Motor Vehicles Act, 1988 , is filed by the owner of the offending tractor-cum-trailer assailing the award dated 11.07.2012 of the learned Chairman, Motor Accidents Claims Tribunal-cum-VII Additional District Judge (F.T.C.), Madanapalle (hereinafter referred to as ‘the Claims Tribunal’) in O.P.No.174 of 2009.

3. Heard arguments of Sri Shaik Meeravali, the learned counsel appearing on behalf of Sri M.D.Saleem, the learned counsel for appellant, Sri Chaitanya, the learned counsel appearing on behalf of Sri Suresh Kumar Reddy Kalava, the learned counsel for respondent No.1/claimant and Sri Rama Mohan Rao Kotha, the learned counsel for respondent No.2/Insurance Company.

4. The following facts are required to be noticed:

These two appeals pertain to an automobile accident that occurred on 02.11.2006 on Kallur - Pulicherla road near Vagallavaripalle Railway gate. The tractor bearing registration No.AP 04 D 5586 attached with a trailer bearing registration No.AP 04 D 5587 is owned by Sri G.Narayanaswamy. He insured the vehicle with the United India Insurance Company Limited as evidenced by Ex.B.1-insurance policy. At the material point of time the driver of this tractor-cum-trailer drove it rashly or negligently and dashed an auto rickshaw bearing registration No.AP 03 U 9237. Because of the impact the persons travelling in the auto rickshaw suffered injuries. Sri G.Siddaramaiah suffered serious injuries and seeking compensation of Rs.2,00,000/- he filed O.P.No.182 of 2009. Sri V.Narayana Reddy suffered injuries and he filed O.P.No.174 of 2009 seeking compensation of Rs.50,000/-. Both the claims were made under Section 166 of the Motor Vehicles Act before the learned Chairman, Motor Accidents Claims Tribunal-cum-VII Additional District Judge (F.T.C.), Madanapalle. In both the matters the owner of the tractor-cum-trailer was made as respondent No.1 and the insurance company was made as respondent No.2. Each of the respondents filed their counters.

5. In O.P.No.182 of 2009 the learned Claims Tribunal settled the following issues:

1) Whether the accident occurred was due to rash and negligent driving of the driver of the Tractor bearing its registration No.AP 04 D 5586 and Trolley No.AP 04 D 5587 involved resulting the injuries to the petitioner by name G.Siddaramaiah?

2) Whether the petitioner is entitled for compensation? If so, by whom and to what amount?

3) To what relief?

6. For claimant, PWs.1 and 2 were examined and Exs.A.1 to A.7 and Ex.X.1 were marked. The owner of the tractor-cum-trailer testified as RW.1 and officer of the insurance company testified as RW.2 and Ex.B.1-insurance policy was marked.

7. In O.P.No.174 of 2009 the learned Claims Tribunal settled the following issues:

1) Whether the accident occurred was due to rash and negligent driving of the driver of the Tractor bearing its registration No.AP 04 D 5586 and Trolley No.AP 04 D 5587 involved resulting the injuries to the petitioner by name V.Narayana Reddy?

2) Whether the petitioner is entitled for compensation? If so, by whom and to what amount?

3) To what relief?

8. The claimant testified as PW.1 and Exs.A.1 to A.3 were marked. The owner of the tractor-cum-trailer testified as RW.1 and the officer of the insurance company testified as RW.2 and a copy of the insurance policy was marked as Ex.B.1.

9. After considering the evidence on record and the contentions raised on both sides, the learned Claims Tribunal agreed with the testimony of the injured in both the cases and found support from the conclusions arrived at by the investigating police in regi