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T. MALLIKARJUNA RAO
United India Insurance Co. Ltd. – Appellant
Versus
K. Krishnaiah Chetty – Respondent
JUDGMENT :
1. Aggrieved by the order dated 26.07.2011 in M.V.O.P. No.387 of 2007 passed by the Chairman, Motor Accidents Claims Tribunal-cum-VI Additional District Judge (Fast Track Court), Tirupati (for short 'the Tribunal'), the 2nd respondent/insurance company filed this appeal questioning the fastening of the liability on it.
2. The parties will be referred to as arrayed in the M.V.O.P. for convenience.
3. The petitioners filed the claim application under Sections 166 of the Motor Vehicles Act for compensation of Rs.5,00,000/- for the death of one K. Chittemma (hereinafter will be referred to as 'deceased'), who died in a motor vehicle accident.
4. The 1st petitioner is the husband, and petitioners 2 and 3 are the children of the deceased. The deceased was aged about 30 years and was earning a minimum of Rs.100/-per day by doing coolie work. On 21.11.2006 at approximately 08.30 AM, the deceased, while going to the coolie work sitting behind the driver of Tractor bearing No.KA.07-653 and Tractor KA.07-654 (hereinafter will be referred to as 'offending vehicle'). Due to the rash and negligent driving of the driver and applying sudden brakes, the deceased fell from the Tractor. The wh
An unauthorized passenger in a vehicle does not allow for compensation claims against the insurer, but the insurer must cover the claim amount with recovery rights against the vehicle owner.
The main legal point established in the judgment is the interpretation of policy conditions, specifically regarding the coverage of the deceased under IMT 28, and the determination of liability for c....
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