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T. MALLIKARJUNA RAO
United India Insurance Co. Ltd. – Appellant
Versus
Sagubandi Laxmi – Respondent
JUDGMENT :
1. Aggrieved by the order dated 14.12.2011 in M.V.O.P.No.419 of 2009 passed by the Chairman, Motor Accidents Claims Tribunal – Cum – I Additional District Judge, Srikakulam questioning the order of the Tribunal (for short ‘the Tribunal’) the 3rd respondent United India Insurance Company Limited represented by its Divisional Manager has preferred this appeal questioning the order passed by the Tribunal in fastening the liability on the insurance company to pay the awarded compensation.
2. For convenience, the parties will hereinafter be referred to as arrayed in the M.V.O.P.
3. The case of the claimant is that he had filed a claim petition under Section 166 of the Motor Vehicles Act, claiming compensation of Rs.15,00,000/- for the death of Sagubandi Udaya Bhaskara Rao (hereinafter will be referred to as 'deceased') in a motor vehicle accident that occurred on 21.12.2008.
4. Petitioners 1 and 2 are parents of the deceased, 3rd petitioner is the unmarried sister of the deceased. The deceased is aged about 24 years and was working in the Army as a sapper in Task Force and getting a salary of Rs.15,095/- per month, and he is unmarried.
5. The claimant's case is that on 21.12.
The insurer must prove that the insured's breach of policy conditions is willful to avoid liability, even if the driver holds a fake license.
A valid light motor vehicle license includes transport vehicles, and insurers cannot deny liability without proving negligence by the vehicle owner.
The insurance company must prove the breach of policy conditions to avoid liability, and the burden of proof regarding the driver's license validity lies with the insurer.
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