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SUMATHI JAGADAM
United India Insurance Co. Ltd. – Appellant
Versus
V. Muragaiah – Respondent
JUDGMENT :
Sumathi Jagadam, J.
This appeal is preferred by the 2nd respondent in M.V.O.P. No.644 of 2005 aggrieved by the order dated 10.03.2008 passed by the Chairman, Motor Accidents Claims Tribunal-III Additional District Judge, Tirupati (for short ‘the Tribunal’) awarding compensation of an amount of Rs.2,95,472/- to the petitioners.
2. For convenience sake, hereinafter the parties will be referred to as they were arrayed in the O.P.
3. The petitioners filed M.V.O.P. No.644 of 2005 under Section 166(1)(c) of the Motor vehicles Act, 1988 (for short ‘the Act’) claiming compensation of Rs.3,00,000/- against the respondents on account of the death of V. Subrahmanyam, who is son of petitioner Nos.1 & 2 and brother of petitioner Nos.3 to 7, in a motor accident that occurred on 17.02.2005 at about 8.30 AM while he was going in auto bearing No.AP 03 V 7817 to Tirupati, and when the said Auto reached M.R.F. show room on Tiruchanur by-pass road, a tractor bearing No.AP 26 T 6592 and trailer bearing No.AP 03 V 1087 (hereinafter referred as the offending vehicle) came in a rash and negligent manner and dashed the auto, as a result of which, the deceased and other inmates sustained grievous inj
The insurance company must prove the non-existence of a policy at the time of an accident to avoid liability, and the burden of proof lies with them.
The court enhanced the compensation for death in a motor accident, establishing the deceased's notional income and confirming the negligence of the Lorry driver.
Court established shared liability in accident case, determining 40% contributory negligence by deceased, thus reducing compensation from Rs.7,38,000 to Rs.4,42,800.
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