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T. MALLIKARJUNA RAO
Narni Bapanna S/o Suryanarayana – Appellant
Versus
Gidla Srinvias S/o Nageswara Rao – Respondent
JUDGMENT :
T. MALLIKARJUNA RAO, J.
1. Aggrieved by the Judgment dated 18.03.2008 in MVOP No. 1146 of 2005 passed by the Chairman, Motor Accidents Claims Tribunal-cum-II Additional District Judge, East Godavari District at Amalapuram (for short ‘the Tribunal’) the claimant has preferred this appeal for not fastening the liability on the 3rd respondent/insurance company.
2. For convenience, the parties will be referred to as arrayed in the MVOP.
3. The petitioner filed a claim under Section 166 of the Motor Vehicles Act, 1988, for compensation of Rs.1,50,000/- for injuries sustained by him in a motor vehicle accident.
4. The claimant’s case is that on 17.04.2004, he and two others went to Panasaladoddi to weigh and load paddy in the trailer. After completing the loading, the petitioner and Moka Venkateswara Rao sat on the load in the trailer bearing No. AP5U428 attached to the tractor bearing No. AP5U427 (hereinafter referred to as ‘offending vehicle). The 1st respondent had driven the tractor rashly and negligently and so overturned. The petitioner and Venkateswara Rao fell from the tractor; the paddy load fell on them. The petitioner had suffered a head injury and multiple injuries over
The main legal point established in the judgment is the liability of the insurance company and the calculation of compensation under Section 166 of the Motor Vehicles Act.
The main legal point established in the judgment is that the insurance company can be held liable to pay compensation in cases where the claimant is injured while engaged in activities related to the....
The main legal point established in the judgment is the application of the 'pay and recovery' principle in motor accident cases, allowing the Insurance Company to recover from the insured after satis....
The insurance company must prove any alleged breach of policy terms to avoid liability; mere allegations without evidence are insufficient.
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