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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
V. R. K. KRUPA SAGAR
AP State Road Transport Corporation – Appellant
Versus
Gurajala Samyelu 2 – Respondent
JUDGMENT:
1. This Miscellaneous Appeal under section 173 of the Motor Vehicles Act, 1988, APSRTC impugns the order dated 21.04.2005 of the learned Chairman, Motor Accident Claims Tribunal – cum - I Additional District Judge, Machilipatnam in MVOP.No.70 of 1999.
2. Respondent No.1 is the injured claimant. Respondent No.2 is the owner of the offending bus. Respondent No.3 is the insurer of the offending bus.
3. Sri Venkateswarlu Sanisetty, the learned standing counsel for the appellant/ APSRTC and Smt.S.A.V.Ratnam, the learned Standing counsel for respondent No.3 submitted arguments.
4. The only question that has arisen in this appeal is
5. The above question has arisen in the following circumstances.
Unaware of the difficulties that one may encounter on a road, an innocent boy aged 9 years was standing on the side of a road at 11 A.M. on 03.09.1998 at Machilipatnam. Bus bearing registration No.AP 9T 6199 was driven by
The insurer is liable for compensation in cases involving hired vehicles, provided the insurance policy is valid and in force, irrespective of lease agreements.
The liability for compensation in an accident involving a hired vehicle lies with the insurer and owner, not the hirer, as established by the Motor Vehicles Act.
The insurance company and the owner of an insured vehicle are liable for compensation in accidents, while the hirer is not, as established by the Motor Vehicles Act and relevant case law.
The hirer of a vehicle is not liable for compensation claims if the insurance policy remains valid and subsisting, as established in the Motor Vehicles Act.
The hirer of a vehicle is not liable for compensation if the vehicle is insured and the agreement specifies that the owner is responsible for claims arising from accidents.
Points of Law : Definition of "vicarious liability" it can be inferred that the person supervising the driver is liable to pay compensation to the victim - Insurance Company would not be able to esca....
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