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V. SRINIVAS
Branch Manager – Appellant
Versus
Kummari Rani – Respondent
JUDGMENT :
(V. Srinivas, J.) :
This appeal is directed against the order of the Chairman, Motor Vehicle Accident Claims Tribunal-cum-XII Additional District Judge at Guntur (hereinafter called as ‘the Tribunal’) in M.V.O.P.No.152 of 2010 dated 19.03.2014.
2. The appellant is the insurer of the Tata Indica Car bearing No.AP 13N 7835 (hereinafter referred to as “crime car”). The respondent Nos.1 to 3 herein are the wife and children of one Kummari Sekhar Roofus @ Sekhar (hereinafter referred to as “deceased”) respectively. The respondent No.4 is the owner of the said crime car. The respondent Nos.5 and 6 are owner and insurer of Lorry bearing No.AP 7TU 7939 (hereinafter referred to as “lorry”) respectively.
3. For the sake of convenience, the parties hereinafter referred to as they arrayed before the tribunal.
4. The case of the claimants, in the petition before the Tribunal is that:
Insurers are liable to pay compensation for accidents caused by their insured vehicles, even if policy conditions are violated, as long as the driver is found negligent.
The court affirmed the principle of 'pay and recover' in cases of unauthorized passengers and lack of valid driving license, emphasizing the insurer's obligation to compensate claimants first.
The insurer is liable to pay compensation to the claimant first, despite the driver's lack of a valid license, based on the principle of 'pay and recover'.
The insurer is liable for compensation under the comprehensive policy as it covered the risk of the deceased working as a coolie.
Award of Compensation - Third parties in respect of the liability which that policy covered subsists and it has to satisfy the award of compensation by reason of the provision of Section 147(5) and 1....
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.
The court upheld the Tribunal's finding of negligence by the car driver and affirmed the compensation awarded, emphasizing that non-joinder of necessary parties is not fatal to the claim.
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