National Insurance Company ... vs Surarapu Renuka And 2 Others
2023 Latest Caselaw 942 Tel

            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

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

2008 (2) ALD 273