B. V. L. N. CHAKRAVARTHI
V. Jayageetha – Appellant
Versus
Apsrtc – Respondent
JUDGMENT
1. This appeal is preferred by the claimant challenging the award dtd. 14/6/2016 passed in M.V.O.P.No.261 of 2012 on the file of Motor Accidents Claims Tribunal-cum-IV Addl. District Judge, Tirupati, wherein the Tribunal while allowing the petition, awarded a compensation of Rs.9, 13, 740.00 with interest @ 7.5% p.a., from the date of petition till the date of deposit for the injuries sustained by her in the motor vehicle accident.
2. For the sake of convenience, the parties hereinafter referred to as they were arrayed in the lower Court.
3. As seen from the record, originally the petitioner filed an application U/s 166 (1) (a) of Motor Vehicles Act, 1988 (for brevity "the Act") claiming compensation of Rs.12, 00, 000.00 on account of the permanent disability and injuries sustained by the petitioner in a motor vehicle accident occurred on 9/3/2012 while the petitioner was travelling in APSRTC hire bus bearing No.AP 03Y 8996 from Appalayagunta to Tirupati and at Krishna Stone Crusher on Puttur - Tirupati road the petitioner fell down from the running bus at a curve, under the jurisdiction of Vadamalapet Police Station.
4. The facts of the case show that on 9/3/2012 at about 11.
K.S.R.T.C. and Others vs. New India Assurance Company Ltd
The insurance company is liable to pay compensation for an accident involving a vehicle hired to APSRTC, as per the provisions of Section 149 of the Motor Vehicles Act, 1988.
The negligence of a driver can warrant vicarious liability from the employer, and the burden of proof for accidents is based on preponderance of probabilities, not beyond reasonable doubt.
The central legal point established in the judgment is the liability of the Insurance Company under Section 149(2)(a)(ii) of the Motor Vehicles Act, 1988, and the importance of proving the driver's a....
The liability of the owner and insurer in accidents involving motor vehicles, and the entitlement to compensation in the absence of fault or negligence on the part of the driver.
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