THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A.NO.2664 OF 2011 JUDGMENT: The appeal is filed by the Insurance Company questioning its liability against the award in M.V.O.P.No.1105 of 1999 on the file of the court of Motor Vehicles Accidents Claims Tribunal-cum-District Judge, Guntur. The claim was made for compensation of Rs.1 lakh for the injuries received by the claimant in a motor accident that occurred on 19-09-2008 at about 10 A.M while he was in the Tractor and Trailer along with others. The claimant is said to have received multiple injuries. The appellant herein denied the liability and also pleaded that the driver was not having valid licence and that coolies are not covered under the policy. The lower Tribunal after considering the material evidence on record found that the appellant is liable to pay the compensation and accordingly awarded a sum of Rs.50,000/-. Now the point that arises for consideration is:- Whether the appellant is not liable to pay the compensation? POINT:- There is no dispute about the fact that the claimant has received injuries in a motor accident. The quantum of compensation is also arrived at after taking into consideration the nature of the injuries. It has been fairly conceded by the learned counsel for the appellant that the policy covers the three persons who are employees and an amount of Rs.4,500/- was collected and it is said to be an act policy. The learned counsel for the appellant also informs this court that there were about eleven (11) claims arising out of the same accident and the Insurance Company has satisfied the claims of all other persons except this petitioner since the claim of the amount in this case is on a higher side. When once the claims of the other nine persons have been satisfied as against the contractual obligation of covering the risk for only three persons it shall be deemed that the Insurance Company has waived its contest of the exemption under the policy and, therefore, it cannot be heard to say that risk is not covered for the present petitioner. Therefore, in view of the above circumstances, since the policy admittedly covers the risk of three persons and as the Insurance Company has waived its right against the other persons and as the single injured person is left over the Insurance Company is liable to pay the said amount. Therefore, there are no valid grounds in this appeal and the same is liable to be dismissed. Accordingly, the appeal is dismissed. No costs. _______________________ N.R.L. NĀGESWARA RĀO,J 30-11-2011 TSNR