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RAVI NATH TILHARI, NYAPATHY VIJAY
Komisetty Padmalatha – Appellant
Versus
N. Sreenivasulu – Respondent
JUDGMENT:
RAVI NATH TILHARI, J.
1. Heard Dr. P.B. Vijay Kumar, learned senior counsel, assisted by Sri K.R.S. Prakash Rao, learned counsel for the appellants and Smt A. Jayanthi, learned standing counsel for the 2 nd respondent-the New India Assurance Company Limited.
2. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, “the M.V Act”) was filed by the claimantsappellants, challenging the award dated 03.10.2011, in M.V.O.P. No.582 of 2007, passed by the Motor Accident Claims Tribunalcum-Principal District Judge, Kadapa (in short, “the Tribunal”).
3. The Tribunal partly allowed the claim petition of the appellants-claimants for an amount of Rs.21,83,840/- with interest thereon @ 6% p.a against the 1st respondent-owner of the offending vehicle but dismissing the same against the New India Assurance Company Limited-2 nd respondent.
4. The facts briefly stated are that the deceased Bandaru Sreeram Lakshmi Radha Krishna, of whom the appellants are the 4 legal representatives, died in a road accident which occurred on 24.08.2007 at about 6.30 p.m, while he was coming on motorcycle, when TATA Sumo Jeep bearing No.AP 03-U-4182 coming from the opposite direction at high sp
A valid light motor vehicle license includes transport vehicles, and insurers cannot deny liability without proving negligence by the vehicle owner.
The insurer must prove that the insured's breach of policy conditions is willful to avoid liability, even if the driver holds a fake license.
A learner's license does not preclude insurance liability if the driver is accompanied by a licensed instructor, and the insurer must prove policy violations to avoid liability.
Insurance companies cannot evade liability under standard policies for accidents even when the driver breaches policy conditions unless it is proven that the breach substantially contributed to the a....
The insurer is liable to pay compensation for passengers in a transport vehicle if the insurance policy covers such passengers, regardless of the driver's alleged lack of a valid license.
An insurer must indemnify third parties for liabilities despite policy violations, but retains the right to recover payments from the vehicle owner.
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