THE HON’BLE SRI JUSTICE G.BHAVANI PRASAD C.M.A.No. 3694 of 2002 DATED: 29.01.2011 BETWEEN: The New India Assurance Company Ltd., Rep. By its Branch Manager, Branch Office, Cuddapah. … Appellant/Respondent NO.2 AND 1. Gadena Yellamma, W/o. Late Pedda Kondaiah & 3 others. …. Respondents/Petitioners THE HON’BLE SRI JUSTICE G.BHAVANI PRASAD C.M.A.No. 3694 of 2002 JUDGMENT: This appeal is directed against the award in O.P.No. 193 of 1999 on the file of the Motor Accidents Claims Tribunal cum District Judge, Cuddapah, dated 11.03.2002. The award was passed in pursuance of the common order in M.V.O.P.Nos.189, 193 and 303 of 1999. The awards in M.V.O.P. Nos189 and 303 of 1999 were the subject of CMA Nos.3354 and 3664 of 2002. They were disposed of by a learned Judge of this Court on 04.07.2007 and the appeals were allowed absolving the insurer from the liability as the vehicle was used in violation of the policy conditions i.e. for a purpose other than the agricultural purpose. The learned Judge found that the claimants themselves stated that the tractor/trailer was used for transport of cement, asbestos sheets and urea bags, and persons were getting in and getting down at different stages. The present appeal by the insurer is on identical grounds on the same facts and the judgment in the other two CMAs having become final, this appeal should meet the same fate. In the result, this Civil Miscellaneous Appeal is allowed without costs and the award dated 11.03.2002 in M.V.OP.No.193 of 1999 against the appellant is set aside. __________________________ (G.BHAVANI PRASAD, J) 29th day of January, 2011 ysk/GHN THE HON’BLE SRI JUSTICE G.BHAVANI PRASAD C.M.A.No. 3694 of 2002 DATED: 29.01.2011 GHN/ysk