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B. V. L. N. CHAKRAVARTHI
New India Assurance Company Limited – Appellant
Versus
Nambaru Nagamani W/O Late Somunaidu – Respondent
JUDGMENT :
Heard Sri Naresh Byrapaneni, learned counsel for appellant in MACMA 841/2012 and 834/2012 and Sri J.S.C.Sekhar, learned counsel for appellants/claimants in MACMA 654/2014 & 754/2014.
2. The appeal in MACMA No.841/2012 directed by the 2nd respondent/Insurance Company, challenging the order dated 06.07.2011 passed in M.V.O.P.No.197/2008 on the file of Motor Accidents Claims Tribunal-cum-X Addl.District Judge (F.T.C.), Visakhapatnam at Anakapalle, where the learned Tribunal partly allowed the petition, awarded a compensation of Rs.4,00,000/- with interest @ 6% p.a. from the date of petition, till the date of realisation, on an application filed U/s.166 of Motor Vehicles Act 1988, for the death of Nambaru Somunaidu (deceased) in a motor vehicle accident occurred on 23.12.2007 at about 10.30 p.m. near Plywood Factory, Gotivada Village, Sabbavaram Mandal, Visakhapatnam District.
3. The appeal in MACMA No.654/2014 directed by the claimants/appellants, for enhancement of the compensation amount awarded by the learned Tribunal in M.V.O.P.No.197/2008 on the file of Motor Accidents Claims Tribunal-cum-X Addl.District Judge (F.T.C.), Visakhapatnam at Anakapalle.
4. The appeal in MACMA N
The court ruled that compensation for motor vehicle accidents must reflect just compensation, emphasizing the burden of proof on the insurer regarding the driver's licence validity.
The court established that both the driver and the insurer are jointly liable for compensation in cases of negligent driving resulting in fatal accidents.
The court established that the driver of the offending vehicle was negligent, affirming the liability of both the driver and the insurer for compensation under the Motor Vehicles Act.
The violation of a statutory provision alone would not establish negligence causing the accident, and the burden of proving the breach of policy rests on the insurer. Future prospects should be inclu....
The court affirmed that the Insurance Company is liable for compensation despite the absence of a driving license for the driver, emphasizing the need for sufficient evidence to support claims agains....
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