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V. GOPALA KRISHNA RAO
New India Assurance Company Ltd. – Appellant
Versus
Attuluri Vidya Sagar – Respondent
JUDGMENT :
V.Gopala Krishna Rao, J.
Aggrieved by the order dated 09.03.2012 passed by the Chairman, Motor Accident Claims Tribunal-cum-I Additional District Judge, Chittoor, in M.V.O.P.No.86 of 2006, whereby the Tribunal allowed the petition in part and awarded an amount of Rs.2,10,000/- towards compensation to the petitioner against respondent Nos.1 & 2 only, the 2 nd respondent/New India Assurance Company preferred the instant appeal.
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 claim petitioner filed the petition under Section 166 of the MOTOR VEHICLES ACT , 1988 against the respondents claiming compensation of Rs.6,90,000/- for the injuries sustained by him in a motor vehicle accident that took place on 08.11.2005.
4. Facts germane to dispose of the present appeal may briefly be stated as follows:
On 08.11.2005 at 12.30 noon the petitioner and his wife and in-laws were proceeding from Chennai to Chittoor in a car of the 1st respondent bearing registration No.TN 23C 7727, which was engaged by the in-laws of the petitioner on hire, and when they reached MBT road near Perumpulipakkam, the driver
The driver of the offending vehicle does not qualify as a third party under an Act policy; thus, the insurance company is not liable for compensation.
The court upheld the insurance company's liability despite claims of policy violations, confirming that valid insurance coverage is paramount unless proven otherwise.
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.
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