NEW INDIA ASSURANCE COMPANY LIMITED Vs. KOTA RAMA RAO
LAWS(APH)-2019-8-75
HIGH COURT OF ANDHRA PRADESH
Decided on August 08,2019

NEW INDIA ASSURANCE COMPANY LIMITED Appellant
VERSUS
Kota Rama Rao Respondents

JUDGEMENT

J. Uma Devi, J. - (1.)The New India Assurance Company Limited-3rd respondent in M.V.O.P.No.90 of 2009, on the file of the II Additional District Judge (Fast Track Court), Srikakulam, has come before this Court by preferring the present appeal disputing its liability to pay compensation of Rs.1,00,000/- to the claimant in the aforementioned M.V.O.P by raising the contention that the insured-claimant traveled as an unauthorized passenger in a tractor and trailer belonging to the 2nd respondent herein.
(2.)The grounds urged by the appellant-insurance company disowning its liability to pay compensation are briefly stated as under:-
1. The claimant was a 'kalasi', and his risk was not covered under the policy.

2. He travelled as an unauthorized passenger in a tractor and trailer and therefore the Court below erred in making the appellant-insurance company liable to pay compensation.

3. The tractor and trailer was engaged for the purpose of carrying agricultural produce.

4. Since the liability of the unauthorized and gracious passenger is not covered under the policy, the Court below ought to have exonerated the appellant-insurance company from paying the compensation applying the latest judgments of the Apex Court.

(3.)From the aforementioned grounds urged in the appeal grounds, it is apparent that the appellant insurance company's grievance was not insofar as the quantum of compensation awarded by the Court below. It has also no grievance insofar as the finding recorded by the Court below holding that the driver of the tractor and trailer was responsible for causing the accident to the 1st respondent-claimant. The grievance of the appellant insurance company is as regard to the fixing of joint liability along with the owner of the tractor, who violated the terms and conditions of the policy by allowing the claimant to travel in his tractor unauthorisedly.
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