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M. GANGA RAO, V. SRINIVAS
Bajaj Allianz General Insurance Co. Ltd – Appellant
Versus
G. Ramamohana Prasad – Respondent
JUDGMENT :
V. Srinivas, J.
This appeal is directed against the award dated 12.06.2017 in M.V.O.P.No.205 of 2011 passed by the Chairman, Motor Vehicle Accident Claims Tribunal-cum-III Additional District and Sessions Judge, Tirupati (hereinafter called as ‘the Tribunal’).
2. The appellants herein are the parents, brothers and sisters of the deceased Hari Babu, who driven the car at the time of accident.
3. According to the claimants, on 13.02.2011 at about 03.30 p.m. near Naravari Rahadari turning on a road running from Chittoor to Kurnool, N.H.18 in between Piler and Kallur of Pulicherla Mandal, when the deceased along with his friends was proceeding in Verna Car bearing No.AP 28 CD 2337, the driver of lorry bearing No.AP 04 T 0948 came in opposite direction with sugarcane load at high speed in a rash and negligent manner and hit the said car. As a result of which, spark ignited in the engine of car, which caught hold fire on the spot and the inmates of the car also died on the spot. At the time of accident, the deceased was aged about 27 years and working as Analyst Programmer in
Contributory negligence cannot be assumed solely based on the absence of a driving license; clear evidence of negligence is required to establish liability.
The judgment establishes the necessity of proving negligence in motor accident claims and outlines the structured method for calculating compensation based on established legal principles.
The court affirmed that compensation for motor vehicle accidents should be calculated using the multiplier method, considering future prospects and personal expenses.
Negligence in motor vehicle accidents must be established for compensation claims; both drivers can be found equally negligent in cases of head-on collisions, leading to composite negligence determin....
The court established that compensation can be enhanced without cross-objections, emphasizing the application of the multiplier method for calculating just compensation.
The court established that just compensation can be awarded based on the multiplier method, and it can enhance compensation even without an appeal from the claimants.
The court established that insurers can be held liable to pay compensation even if the driver lacks a valid license, following the 'pay and recover' principle.
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