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T. MALLIKARJUNA RAO
United India Insurance Company Ltd. – Appellant
Versus
Tandra Lakshmi W/o Late Gopalam – Respondent
JUDGMENT :
T. MALLIKARJUNA RAO, J.
1. Aggrieved by the order dated 03.11.2006 in MVOP No. 363 of 2002 passed by the Chairman, Motor Accidents Claims Tribunal-Cum-I Additional District Judge, Srikakulam (for short Tribunal), the 3rdrespondent United Indian Insurance Company Limited, represented by its Divisional Manager preferred this appeal.
2. For the sake of convenience hereinafter parties will be referred as they were arrayed in MVOP No. 363 of 2002.
3. On factual side, that on 01.07.2001 while the petitioner was participating along with her relatives in Ratha Yatra at Illisipuram, near Kotha road the 1st respondent drove the offending car at high speed, without blowing horn, came at high speed, dashed her, then the petitioner sustained multiple and grievous injuries and also head injury, due to which she lost her consciousness.
4. The 2nd respondent filed counter admitting the accident, but contending that accident occurred due to negligence of the petitioner and claimed that the vehicle was having valid insurance coverage and the driver was having valid driving license.
5. The 3rd respondent filed counter by contending that the claim of the petitioner is highly excessive and seeks t
The court emphasized the importance of evidence in determining the manner of the accident and the quantum of compensation, and upheld the principle of liability in motor accident cases.
The insurance company is liable to pay compensation for the injuries sustained by the petitioner due to the rash and negligent driving of the driver of the insured vehicle.
The need for preponderance of probabilities in reaching a conclusion and the requirement of cogent evidence to prove contributory negligence.
The main legal point established in the judgment is the liability of insurers in cases of negligent driving and the apportionment of compensation in accordance with the Motor Vehicles Act, 1988.
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