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T. MALLIKARJUNA RAO
United India Insurance Co. Ltd. – Appellant
Versus
Kuruvalakshmi – Respondent
JUDGMENT :
1. Aggrieved by the order dated 17.01.2012 in M.V.O.P. No.73 of 2010 passed by the Chairman, Motor Accidents Claims Tribunalcum- II Additional District Judge, Kurnool at Adoni (for short 'the Tribunal'), the 2nd respondent/United Indian Insurance Company Limited, Kurnool, has preferred this appeal fastening liability on it.
2. The parties will be referred to as arrayed in the M.V.O.P. for convenience.
3. The claimants filed the claim application under Sections 140 and 166 of the Motor Vehicles Act requesting to award compensation of Rs.3,00,000/- for causing the death of Kuruva Hanumanthu (hereinafter referred to as 'deceased'), who died in the Motor Vehicle Accident that occurred on 21.06.2004.
4. The claimant's case is on 21.06.2004, after loading the sand in the tractor and trailer bearing Nos.AP-21-V-3698 and AP-21-B- 0368 (hereinafter referred to as 'the offending vehicle') of the 1st respondent, which is insured with the 2nd respondent; the driver of the offending vehicle drove it in a rash and negligent manner, applied sudden breaks to avert the cattle coming acro
The main legal point established in the judgment is that the insurance company is not liable to pay compensation for unauthorized passengers in goods vehicles, based on the interpretation of relevant....
The main legal point established in the judgment is that the Insurance Company cannot be held responsible for the compensation of unauthorized passengers in a goods vehicle when the risk is not cover....
The court established that an insurance company may be required to pay compensation to claimants even if there is a breach of policy conditions, provided the circumstances warrant such an order, ther....
The main legal point established in the judgment is that the insurance company is not liable to pay compensation for the death of a gratuitous passenger in a goods vehicle.
The insurance company is liable to pay compensation to gratuitous passengers in a goods vehicle, but its liability is limited to the extent of one hamalie.
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