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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Dr. V R K Krupa Sagar, J
United India Insurance Company Limited, Guntur – Appellant
Versus
Kanneboina Rattalu – Respondent
JUDGMENT :
V.R.K.KRUPA SAGAR, J.
The insurance company preferred this Appeal under Section 173 of the Motor Vehicles Act, 1988 assailing the award dated 16.06.2010 of the learned Chairman, Motor Vehicles Accidents Claims Tribunal-cum-IV Additional District Judge, Guntur (hereinafter referred to as ‘the Claims Tribunal’) in M.V.O.P.No.1039 of 2009.
2. Heard arguments of Sri V.Veerabhadra Chary, the learned counsel for appellant and Sri B.Parameswara Rao, the learned counsel for respondent Nos.1 to 4/claimants.
3. The following facts are required to be noticed:
Sri K.Srinivasulu @ Srinu along with two pillion riders was driving a motorbike at 10:30 P.M. on 15.02.2009. From the opposite direction Tata Indica Car bearing registration No.AP-5Y- 6280 coming at high speed being driven by its driver rashly or negligently dashed the motorcycle. Sri K.Srinivasulu @ Srinu who was driving the motorcycle fell and sustained serious injuries and was admitted in hospital and succumbed to the injuries on 20.02.2009. The wife, their child and the parents of the deceased filed M.V.O.P.No.1039 of 2009 under Section 163A of the Motor Vehicles Act praying for compensation of Rs.4,00,000/-.
The owner of the of
The insurance company's failure to prove the driver's lack of a valid licence and the equal contribution to the accident by the deceased were pivotal in affirming the Tribunal's award of compensation....
The court clarified the calculation of compensation including the age and income of the deceased, establishing liability of the insurer in absence of valid license proof.
The main legal point established in the judgment is the application of negligence, contributory negligence, and composite negligence principles in motor accident cases, and the need for new strategie....
Insurance companies remain liable for compensation to third parties despite the driver's invalid license unless there is a fundamental breach of terms.
Insurance Company remains liable for compensation despite the rider's lack of a valid driving license; compensation must account for future prospects and personal expenses.
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