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V. SRINIVAS
New India Assurance Co. Ltd. – Appellant
Versus
Tholla Lakshminarayanamma – Respondent
JUDGMENT :
(V. Srinivas, J.) :
This appeal is directed against the order of the Chairman, Motor Vehicle Accident Claims Tribunal-cum-III Additional District Judge at Anantapur (hereinafter called as ‘the Tribunal’) in M.V.O.P.No.681 of 2009 dated 11.11.2011.
2. The appellant is the insurer of the tractor-cum-trailer bearing No.AP 02 M 2721 and 2722 (hereinafter referred to as “crime vehicle”). The respondent Nos.1 to 4 herein are the wife, son, and parents of one T.Narayana Swamy (hereinafter referred to as “deceased”) respectively. The respondent No.5 is the owner of the said crime vehicle.
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:
The insurer is liable for compensation under the comprehensive policy as it covered the risk of the deceased working as a coolie.
The liability of an insurance company is subject to the coverage of risk and the subsistence of the policy by the date of the incident, and violations of policy conditions can affect the company's li....
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 main legal point established in the judgment is that the insurance company is liable to pay compensation despite the claimant being a gratuitous passenger, and the contents of the FIR cannot be s....
The main legal point established in the judgment is that the insurance company is liable to pay compensation for accidents involving the insured vehicle, even if the claimant is a gratuitous passenge....
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