HONOURABLE SRI JUSTICE M.LAXMAN
CIVIL MISCELLANEOUS APPEAL No.471 of 2009
JUDGMENT:
1. The present civil miscellaneous appeal has been directed against order dated 21.07.2006 in W.C.No.127 of 2005 (F) on the file of Commissioner for Workmen's Compensation and Assistant Commissioner of Labour, Nalgonda (hereinafter referred to as 'the Commissioner'), wherein and whereby, the claim of respondent Nos.1 and 2 herein for grant of compensation for death of one Surarapu Shambaiah was partly allowed directing the appellant and respondent No.3 herein to pay compensation of Rs.2,55,986/-. Aggrieved by the same, the present civil miscellaneous appeal is filed at the instance of opposite party No.2 therein i.e., insurance company.
2. The case of the appellant-insurance company is that only the tractor owned by respondent No.3 herein is insured with them and the trailer attached to the tractor is not insured with them. Therefore, they are not liable to pay compensation.
3. On the contrary, the learned counsel for respondent Nos.1 and 2 herein contended that as per the decision of Division Bench of this Court in the case of United India Insurance Company 2 ML,J CMA_471_2009 Limited, Kadapa V. Koduru Bhagyama and others1, tractor and trailer shall be considered as one component for the purpose of defining a motor vehicle. If a tractor is insured, even though trailer is not insured, both tractor and trailer have to be considered as one and the insurer of the tractor shall be held liable.
4. As seen from the judgment relied upon by the learned counsel for respondent Nos.1 and 2, the Division Bench had categorically held that no separate insurance is contemplated for trailer. The trailer, which is attached to tractor, which is insured, becomes part of the tractor. In the said circumstances, this appeal is devoid of merits and the same is liable to be dismissed.
5. In the result, the civil miscellaneous appeal is dismissed confirming the order dated 21.07.2006 in W.C.No.127 of 2005 (F) on the file of Commissioner for Workmen's Compensation and Assistant Commissioner of Labour, Nalgonda. There shall be no order as to costs. Miscellaneous petitions, if any, pending, shall stand closed.
______________ M.LAXMAN, J Date: 24.02.2023 GVR 1 2008 (2) ALD 273