An insurance company that provides coverage for a trailer is liable for damages arising from an accident involving the tractor-trailer combination, even if the tractor is not separately insured, as the policy effectively covers the usage for which the trailer is intended.

APHC010207682023

[3333]

Appeal filed under Order 41 of CPC before the High Court pleased to set aside the decree and judgment in M V.O.P.No.354 of 2017 on the file of Motor Accidents Claims Tribunal, cum- 10th Addl. District and Sessions Judge, Rajamahendravaram, Dated 6th day of December, 2022, and pass

IA NO: 1 OF 2023

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to condone the delay of 37 days in filing the M.A.C.M.A. against the decree and judgment M.V.O.P.No.354 of 2017 on the file of Motor Accidents Claims Tribunal,- cum- 10th Addl. District and Sessions Judge, Rajamahendravaram, Dated 6th day of December, 2022, and pass

IA NO: 2 OF 2023

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of all further proceedings pursuant to the Judgment and Decree dated 6th day of December, 2022 passed in M.V.O.P.No.354 of 2017 on the file of Motor Accidents Claims Tribunal,— cum- 10th Addl. District and Sessions Judge, Rajamahendravaram, including the execution proceedings , pending disposal of the main M.A.C.M.A.,and pass

IA NO: 3 OF 2023

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to Vacate the interim stay granted on 12-05-2023 in IA No. 2 of 2023 in MACMA No. 214 of 2023 on the file of the Hon'ble Court and permit the Petitioners to withdraw the amount deposited by the Respondent Insurance Company herein and pass

The Court made the following:

JUDGMENT:

The present appeal is filed by the Insurance Company, aggrieved by the judgment and decree dated 06.12.2022 passed in M.V.O.P.No.354 of 2017 on the file of the Motor Accidents Claims Tribunal-cum-X Additional District and Sessions Judge, Rajamahendravaram, wherein the Tribunal awarded compensation of Rs.8,50,000/- (Rupees Eight Lakhs Fifty Thousand only) to the claimants/respondent Nos.1 and 2 herein, on account of the death of the deceased, Setti Nookaratnam, in a motor accident that occurred on 04.05.2016.

02. For the purpose of convenience, the parties will be referred to as they are arrayed before the Tribunal.

03. The case of the claimants, in brief, is that the 1st petitioner is the husband and the 2nd petitioner is the son of the deceased. On 04.05.2016 at about 9:00 a.m., the tractor bearing registration No.AP 01 AE 2968 along with trailer bearing registration No.AP 03 AP 7563, driven by the 1st respondent in a rash and negligent manner and at high speed, dashed against the motorcycle bearing registration No.AP 05 BL 6237, on which the deceased was travelling as a pillion rider, near the outskirts of Velanka Village, Kirlampudi Mandal. Due to which, the deceased sustained grievous injuries and succumbed to the same on the spot. It is contended that the accident occurred solely due to the rash and negligent driving of the tractor driver.

04. The claimants further contended that the deceased was aged about 50 years, hale and healthy, and was working as an agricultural coolie, earning about Rs.10,000/- per month, and was contributing her entire income towards the family. Due to her sudden death, they suffered loss of dependency and other conventional heads, and hence claimed compensation of Rs.7,00,000/-.

05. Before the Tribunal, respondent No.1 remained exparte.

06. Respondent No.2 filed a writte