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V. GOPALA KRISHNA RAO
Chodavarapu Satyavathi – Appellant
Versus
M. Raghava – Respondent
JUDGMENT:
1. The appellant is claim petitioner and the respondents are respondents in M.V.O.P.No.118 of 2009 on the file of the Motor Accident Claims Tribunal-cum-II Additional District Judge (Fast Track Court), Parvathipuram.
2. For the sake of convenience, both the parties in the appeal will be referred to as they are arrayed in the claim petition.
3. The claim petitioner filed the petition under Section 166 of the Motor Vehicles Act, 1988 claiming compensation of Rs.2,00,000/- for the injuries sustained by him in a motor vehicle accident which took place on 26.05.2008.
4. The brief averments in the petition filed by the petitioner are as follows:
On 26.05.2008 at about 10.30 a.m. the petitioner, her husband and relatives were travelling in an auto bearing registration No.AP 35YYT/R 3495 from Kothavalasa to Chinaborabanda and when they reached near Gajarayunivalasa village, an unknown person was crossing the road by carrying a paddy bundle, at that time, the driver of the auto drove the auto in a rash and negligent manner at high speed and without blowing horn and dashed against the said person and thereby, the auto fell on the left side of the road, resultantly, the petitioner su
The main legal point established in the judgment is the determination of contributory negligence and the liability of the insurance company under the Motor Vehicles Act, 1988.
Liability of the insurance company to satisfy the award in favor of a third party, even in the case of absence, fake, or invalid license of the driver, and the procedure for the insurance company to ....
The main legal point established in the judgment is the interpretation of contributory negligence and the liability of insurance companies in motor vehicle accident cases.
Contributory negligence and apportionment of liability between insurers and drivers under the Motor Vehicles Act, 1988.
Insurance companies cannot dispute liability without substantial evidence of contributory negligence from claimants.
Liability of the Insurance Company to pay compensation in the first instance and recover the same from the owner of the offending vehicle.
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