NATIONAL INSURANCE CO LTD Vs. GOLLA DASARI NAGAIAH

JUDGEMENT

(1.) THESE appeals are filed under Section 173 of the Motor Vehicles Act by the Insurance Companies, feeling aggrieved by the awards passed by the concerned Motor Accidents Claims Tribunals.

(2.) THE common question involved in these appeals is as to whether Trailer of a Tractor requires separate and independent insurance coverage. When the appeals were listed for hearing, before the learned Single Judge, the matters were referred to Division Bench by framing the following question:

(3.) M .A.C.M.A.No.184 of 2009 arises out of O.P.No.209 of 2003 on the file of the Motor Accidents Claims Tribunal -cum -II Additional District Judge, Kadapa at Proddatur. The 1st respondent therein filed the O.P. claiming compensation stating that he suffered injuries on 02.03.2002 when he was engaged as a Cooly to work on Tractor and Trailer bearing Nos.AP -04 -E -1868 and AP -04 -E -1869. M.A.C.M.A.No.170 of 2009 arises out of M.V.O.P.No.201 of 2003 on the file of the same Tribunal, with the same claim. M.A.C.M.A.No.3239 of 2009 arises out of M.V.O.P.No.420 of 2003 on the file of the Motor Accidents Claims Tribunal -cum -Principal District Judge, Kurnool. Respondents 1 and 2 therein are the parents of one D.Babaiah, who died on 21.06.2003, while doing Cooly work of loading Kadapa slabs in Trailer bearing No.AP -21/U -8366 and Tractor bearing No.AP -21/U -8365. The appellants herein have also been impleaded in their capacity as insurers of the vehicles. The respective Tribunals passed awards, granting compensation.