B. V. L. N. CHAKRAVARTHI
V. Jayageetha – Appellant
Versus
APSRTC – Respondent
JUDGMENT :
This appeal is preferred by the claimant challenging the award dated 14.06.2016 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/- 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/- on account of the permanent disability and injuries sustained by the petitioner in a motor vehicle accident occurred on 09.03.2012 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 09.03.2012 at about 11.0
Managing Director, K.S.R.T.C. and Others Vs. New India Assurance Company Ltd. And Others
Raj Kumar Vs. Ajay Kumar and another
Sarla Verma and others Vs. Delhi Transport Corporation and others
Singh Ram Vs. Nirmala and others
Uttar Pradesh State Road Transport Corporation Vs. Kulsum and others
Uttar Pradesh State Road Transport Corporation Vs. National Insurance Co. Ltd.
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 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 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.
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 motor accident cases, even in the absence of driver negligence, and the maintainability of claim petitions for personal injuries under the M.V. Act.
Permanent disability does not automatically equate to loss of earning capacity; proper medical evidence is essential for substantiating claims.
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