UNITED INDIA INSURANCE COMPANY LIMITED Vs. KODURU BHAGYAMMA

JUDGEMENT

(1.) THIS case has come before this Court on a reference made by a learned single judge of this Court as it was contended before the learned single Judge by the appellant that as the trailer in which the deceased was traveling was not insured, although it was attached to the tractor which was insured, therefore no liability could be fastened upon the insurer.

(2.) THE appeal arises out of the award granting compensation of Rs. 4,00,000/- to the legal representatives of the deceased who died in a motor accident. The appellant placed reliance on judgments of this Court reported in Oriental insurance Company Limited Vs. Janarasupalli Kotiratnamma, 2001 ACJ 2131 and Oriental insurance Company Limited Vs. Laxmanna. , 2004 (5) ALT 398 The respondents/claimants placed reliance on a judgment of this Court reported in New India Assurance Company limited Vs. Mamidi Mallamma, 2001 (4) ALT 554 which according to the respondents, lays down that if one among the tractor and trailer is insured, the liability can be fastened upon the insurer. All these three judgments have been rendered by the learned single Judges of this Court. Therefore, the learned single Judge thought it proper to refer the matter to Division Bench.

(3.) SO this Court will have to decide as to whether the insurance company can be fastened with the liability of a person who dies while traveling in a trailer (not insured) attached to the tractor (insured ).