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B. V. L. N. CHAKRAVARTHI
United India Insurance Co. Ltd. – Appellant
Versus
Pudi Rambabu – Respondent
JUDGMENT :
B.V.L.N. CHAKRAVARTHI, J.
1. This appeal is preferred by the 3rd respondent/Insurance Company, challenging the order and decree dated 27.06.2012 passed in M.V.O.P. No. 710/2010 on the file of Motor Accidents Claims Tribunal-cum-VIII Addl. District Judge, East Godavari District at Rajahmundry, wherein the learned Tribunal while partly allowing the petition, awarded compensation of Rs.4,05,000/- with interest @ 7.5% p.a. from the date of petition, till the date of realisation for the injuries sustained by the petitioner in a motor vehicle accident occurred on 10.06.2009.
2. For the sake of convenience, the parties are arrayed as parties in the trial Court.
3. As seen from the record, originally the petitioner filed an application U/s. 166 of Motor Vehicles Act, 1988 (for brevity “the Act”) claiming compensation of Rs.5,00,000/- on account of the injuries sustained by him in a motor vehicle accident occurred on 10.06.2009.
4. The facts show that the petitioner has been working as cleaner on the bus bearing No. AP 05 X 2277 and on 10.06.2009 at about 10.00 p.m. he along with the 1st respondent started on the said bus, and the bus reached Sabbavaram outskirts, 1st respondent drove
The insurer must prove any policy exclusions regarding coverage for individuals injured in accidents, failing which they remain liable for compensation.
The insurer is liable for compensation despite claims of negligence by the deceased, as the negligence of the bus driver was established.
A driver with a valid license for light motor vehicles can operate a transport vehicle of the same class without needing a separate endorsement, affirming the insurance company's liability.
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