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T. MALLIKARJUNA RAO
VALLAM SHOBHAVATHI – Appellant
Versus
B. S. HARISH – Respondent
JUDGMENT :
T. Mallikarjuna Rao, J.
1. Aggrieved by the Award and Decree dated 02.08.2012 in M.V.O.P. No.600 of 2009 passed by the Chairman, Motor Accidents Claims Tribunal-cum-III Additional District Judge (F.T.C.), Anantapur (hereinafter will be referred to as ‘Tribunal’), the claimants filed this appeal questioning the correctness of the Tribunal’s Award in not fastening the liability on the 2nd respondent/Insurance company.
2. For convenience, the parties hereinafter will be referred to as per their rankings in the M.V.O.P.
3. The claimants/appellants filed a petition U/s.163-A of the MOTOR VEHICLES ACT , 1988 (hereinafter will be referred to as ‘Act’) for compensation of Rs.4,00,000/-on account of the death of Vallam Narasimhulu (hereinafter will be referred to as 'deceased') who died in a Motor vehicle accident.
4. The claimant's case is that on 17.04.2009, the deceased boarded the auto-rickshaw bearing No.AP02-TRAB 6644 at Kadiri, along with five passengers, when it reached Weavers colony Saraswathi Vidya Mandir while the auto was proceeding on the extreme left side of the road, the lorry bearing No.KA-21-A-1764 (hereinafter will be referred to as ‘offending vehicle') came fr
The insurance company is liable to indemnify the owner in respect of the statutory liability unless the policy is cancelled and intimated to the insured before the accident.
Insurance companies must prove policy cancellation and notification to the insured before an accident to avoid liability for compensation.
An insurance company is not liable to pay compensation under the Workmen's Compensation Act if the policy has been cancelled before the accident and the insured has been informed about the cancellati....
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