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V. GOPALA KRISHNA RAO
Oriental Insurance Co. Ltd. – Appellant
Versus
Dasari Venkata Rao S/o Narasimham – Respondent
JUDGMENT :
V. GOPALA KRISHNA RAO, J.
1. Aggrieved by the impugned order dated 30.07.2014 on the file of Motor Accident Claims Tribunal-cum-IV Additional District Judge, Visakhapatnam, passed in M.V.O.P. No. 436 of 2007, whereby the Tribunal has partly allowed the claim against the respondents 1 to 3, the instant appeal is preferred by the appellant-Insurance Company.
2. For the sake of convenience, both the parties in the appeal will be referred to as they are arrayed in the claim application.
3. The claimant filed a Claim Petition under sections 166 of MOTOR VEHICLES ACT , 1988 read with 455 of MOTOR VEHICLES RULES , 1989 against the respondents praying the Tribunal to award an amount of Rs.8,00,000/- towards compensation for the injuries sustained by him in a Motor Vehicle Accident occurred on 29.09.2006.
4. The facts germane to dispose of this appeal may be briefly stated as follows:
An insurance policy remains in effect unless properly cancelled before an accident; insurers are liable to indemnify third-party claims unless valid evidence shows policy cancellation.
Insurance companies must prove policy cancellation and notification to the insured before an accident to avoid liability for compensation.
The liability of the insurer under the insurance policy and the requirement to prove cancellation of the policy and intimation to the owner of the vehicle prior to the accident.
The main legal point established in the judgment is the liability of the insurance company to indemnify the insured in cases of motor vehicle accidents, emphasizing the importance of timely intimatio....
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.
The insurance policy was deemed valid at the time of the accident, and the insurance company failed to prove its cancellation, thus liable for compensation.
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