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B. V. L. N. CHAKRAVARTHI
United India Insurance Company Limited – Appellant
Versus
D. C. Ramakrishna, S/o. D. Bulikondanna – Respondent
JUDGMENT :
B.V.L.N. Chakravarthi, J.
Challenging the judgment dated 27.09.2006 passed in M.V.O.P.No.200/2003 on the file of Motor Accidents Claims Tribunal-III Addl.District Judge (FTC), Anantapur, the appellant/United India Insurance Company Limited filed the appeal.
2. The respondent/claimant filed claim petition before the learned Tribunal U/s.140 and 166 of Motor Vehicles Act, 1988 claiming compensation of Rs.60,000/-, alleging that the claimant is owner of Auto No. AP 21V 3582; On 11.01.2002 at about 07.00 a.m. the driver of Auto loaded two bags of jonnalu and proceeding to his village; the Auto reached Poddodi village, at about 08.00 A.M; one lorry bearing No. AP 9T 1087 came from backside being driver by its driver in a rash and negligent manner and dashed against the auto; as a result, the auto severely damaged and all its parts are broken; The accident occurred only on account of rash and negligence of driver of lorry; Peapully police registered a case in Cr.No.3/2002 U/s.279 of Indian Penal Code against the driver of the crime vehicle; The respondents 1 and 2 are jointly and severally liable to pay compensation to the claimant.
3. Before the learned Tribunal, the 2nd responde
The insurer's liability for third-party property damage is limited to Rs.6,000 under Section 147(2)(b) of the Motor Vehicles Act, 1988.
Insurer's liability for third-party property damage is capped at Rs.6,000 under Section 147(2)(b) of the Motor Vehicles Act, 1988.
Claims for own damages are not maintainable under the Motor Vehicles Act, 1988; liability of insurers for third-party property damage is limited to Rs.6,000/- under Act only policies.
The main legal point established in the judgment is that the liability of the insurance company for property damage to a third party is limited to Rs.6,000 under Section 147(2)(b) of the MV Act.
A driver who is found to be a tortfeasor due to contributory negligence cannot claim compensation from their own insurer under the Motor Vehicles Act.
The main legal point established in the judgment is the liability of the insurance company to pay compensation for accidents involving vehicles insured under the Motor Vehicles Act, 1988, and the cal....
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