[ 2130 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTYTHREE PRESENT THE HONOURABLE SMT. JUSTICE LALITHA KANNEGANTI U.A.c.[4.4. HoJ3e3 of 2qo8 Appeal Under Section 173 of Motor Vehicles Act against the Order and Decree made in O.P.No.487 of 1999 dated 19.07.2005 on the file of the Court of the Chairman, Motor Accident Claims Tribunal--cum-lv Additional District Judge (Fast Track Court) at Mahabubnagar. Between: The New lndia Assurance Cornpany Limited, Divisional Office at Kurnool, Rly. Station Road, rep. by its Divisional Manager. AND ...AppellanU2nd Respondent 1. M. Balakistaiah, S/o. Yerranna 2. M. Nagamma, W/o. Balakistaiah 3. M. Sivamma, W/o. Thirupathaiah ...Respondents/Petitioners 4. M. Masi Reddy, Sio. Bucha Reddy ...RespondenURespondent l.A NO: 2 OF 2005(MACMAMP. NO: 5711 OF 2005) Petition under Section '15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay the execution of the decree in O.P.No.487l1999 on the file of the Motor Accident Claims Tribunal-cum-lV Additional District Judge (FTC), Mahaboobnagar, dt: 19.7.2005. Counsel for the Appellant: SRl. G. VASANTHA RAYUDU Counsel for the Respondent Nos.'l to 3: SRI AVISHNU VARDHAN REDDY Counsel for the Respondent No.4: NONE APPEARED The Court delivered the following: JUDGMENT THE HON'BLE SMT. JUSTICE LALTTHA KANNEGANTI M.A.C.M.A.No.4=i33 of 2OO8 JUDGMENT: This appeal is filed by the Insurance Company aggrieved by the judgment and decree, dat€rd 19.O7.2005, on the file of the Motor Accidents Claim Tribunal-cum-IV Additional District ludge (FTC), Mahboobnagar (for short, 'the Tribunal'). 2. The claim petition was filed seeking compensation of Rs.2,50,000/- for the death of the deceased in the accident and the Tribunal has granted Rs.2,16,OOO/-. 3. For the sake of convenience, the parties hereinafter will be referred to as they are arrayed before the Tribunal. 4. The case of the petitioners is that on 30.03.1999, the deceased went to fields on the tractor-trailer for crushing paddy crop upon instructions crf respondent No.1. The deceased was aged about 25 ye:ars and was working as labourer at the time of accident. \/Vhile the said tractor was proceeding towards peddagudem Village, the deceased, who was sitting by the side of the driver fell down from the tractor due to rash and negligent driving ol'the driver. The rear tyres of the tractor went on his head and he died on the spot. 2 5. Learned counsel appearing for the Insurance Company- respondent No.2 submits that due to negligence of the deceased, he fell down from the tractor and died on the spot. He further submits that the tractor is only insured for agricultural purpose, but in violation of terms and conditions of the policy, it was used for commercial purpose. It is also stated that no extra premium was paid to cover the risk of the workers. Therefore, insurance company is not responsible to pay the compensation. 5. Learned counsel for the petitioners would submit that the Tribunal has rightly considered the evidence and held that the Insurance Company is liable to pay the compensation. He also submits that the Insurance Company has failed to make out any grounfl, seeking interference of this Court. The Tribunal has dealt with this issue and held that though the rash and negligent driving of the driver was not proved as per the provisions of Section 163(A) of the Motor Vehicles Act, the owner and insurer of the vehicle are liable to pay the compensation for the death due to the accident arisen out of the use of motor cycle. Though, it is stated that the policy _t 3 covers only the drivers of vehicle, he admitted in the cross- examination that the policy is comprehensive and the contents of Ex.B1 policy also proves that respondent Nos.1 and 2 are jointly and severally liab,le to pay the compensation to the petitioners. 6. In the light of the above said findings and as the policy is a comprehensive policy and the ltabourers are also covered, the Insurance Company fails to point out any ground much less, a substantial ground, seekincr interference of the award passed by the Tribunal. 7. Accordingly, the Motor Accidents Civil Miscellaneous Appeal is dismissed. Miscellaneous applications, pt-.nding if any, shall stand closed SO/. G. SIREESHA ASSISTANT REGISTRAR To //TRUE COPY/,' q. SECTION OFFICER 1. The chairman, Motor Accident claims Tribunal-cum-lv Additional District 2 l) 4 CHR Judge (Fast Track Court) at Mahabubnagar. (With records) One CC to SRl. G. VASANTHA RAYUDU, r\dvocate tOpUCl One CC to SRl. A. VISHNU VARDHAN REDDY, Advicate tOpUCl Two CD Copies HIGH COURT DATED:0710612023 JUDGMENT MACMA.No.4333 of 2008 DISMISSING THE MACMA WITHOUT COSTS o '. 4.... 11 r$ Ts o\\,pp r- 3' {. Between: The New lndia Assurance Company Limited, Divisional Rly. Station Road, rep. by its Divisional Manager. [ 2130 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTYTHREE PRESENT THE HONOURABLE SMT. JUSTICE LALITHA KANNEGANTI M.A.C.M.A.No.4333 of 2008 Office at Kurnool, ...AppetlanU2nd Respondent M. Balakistaiah, S/o. Yerranna M. Nagamma, Wo. Balakistaiah M. Sivamma, Wo. Thirupathaiah ...Respondents/Petitioners 4 M. Masi Reddy, S/o. Bucha Reddy ... RespondenURespondent Appeal Under Section 173 of Motor Vehicles Act against the Order and Decree made in O.P.No.487 of 1999 dated 19.07.2005 on the file of the Court of the Chairman, Motor Accident Claims Tribunal-cum-lV Additional District Judge (Fast Track Court) at Mahabubnagar. ORDER: This appeal coming on for hearing and upon perusing the grounds of appeal, the Judgment and Decree of the Lower Court and the material papers in the case and upon hearing the arguments of Sri G. Vasantha Rayudu, Advocate for the Appellant and of Sri A. Vishnuvardhan Reddy, Advocate for the Respondent Nos.1 to 3 and for the Respondent No.4 not appeared either in person or by Advocate. This Court doth Order and Decree as follows: 1. That the Motor Accident Civil Miscellaneous Appeal be and hereby is dismissed by confirming the Judgment and decree of the Lower Court. 2. fhat there shall be no order as to costs in this appeal. SD/. G. SIREESHA ASSISTANT REG6TRAR //TRUE COPY// e/ SECTION OFFICER To,1 The Chairman, Motor Accident Claims Tribunal-cum-lV Additional District Judge (Fast Track Court) at Mahabubnagar. 2 Two CD Copies AND 1 2 3 CHR HIGH COURT DATED:0710612023 DECREE MACMA.No.4333 of 2008 DISMISSING THE MACMA WITHOUT COSTS [o