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B. V. L. N. CHAKRAVARTHI
Akula Durga, W/o. Late Durgarao @ Durga – Appellant
Versus
M. Veera Bhaskara Rao, S/o. Rajarao – Respondent
| Table of Content |
|---|
| 1. details of the accident and petitioner's claims. (Para 1 , 4 , 5) |
| 2. court's finding on negligent driving and compensation determination. (Para 10 , 12 , 25) |
| 3. debate on the status of deceased as a passenger vs. coolie. (Para 13 , 14 , 15 , 16) |
| 4. application of pay and recovery principle in insurance liability. (Para 27 , 32 , 34) |
| 5. final order directing payment of compensation by the insurance company. (Para 36 , 37) |
JUDGMENT :
B.V.L.N.Chakravarthi, J.
This appeal is preferred by the Appellants/claimants, challenging the award dated 02.12.2015 passed in M.V.O.P.No.9/2014 on the file of Motor Accidents Claims Tribunal-cum-Prl.District Judge, East Godavari District at Rajahmundry, wherein the Tribunal while allowing the petition against the 1st respondent/driver and 2nd respondent/owner only, awarded compensation of Rs.8,73,000/-with interest @ 8% p.a. from the date of petition, till the date of realisation to the petitioners/claimants, for the death of Akula Durga Rao @ Durga in a motor vehicle accident.
2. For the sake of convenience, the parties are arrayed as parties in the lower Court.
3. As seen from the record, originally the petitioners filed an application U/s.
The principle of "pay and recovery" can be applied to gratuitous passengers in motor vehicle accident cases, where the claimant is not in a position to realize the difference from the owner of the ve....
Point of Law : Insurance Company was directed to pay compensation even for gratuitous passenger considering circumstances of this case under the “Doctrine of Pay and Recover” from the driver and owne....
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