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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Dr. V.R.K. Krupa Sagar, J
Pulavarthi Daniyelu, W.G.District – Appellant
Versus
Kollam Sudhakara Babu Prakasam District – Respondent
JUDGMENT :
1. This appeal under section 173 of the Motor Vehicles Act, 1988 is filed by the appellant/claimant impugning the order dated 22.07.2009 of the learned Chairman, Motor Accident Claims Tribunal – Cum –Additional District Judge, Eluru in OP.No.80 of 2007.
2. Heard arguments of Sri BV Krishna Reddy, the learned counsel for appellant and Sri G.Arun Showri, the learned Central Government counsel for respondent No.2.
3. The short question involved in this appeal is whether in the facts and circumstances of the case, the learned claims tribunal erred in not fastening the liability on the owner of the offending vehicle.
4. The question arose in the following context A Mini Van bearing registration number AP 16 U 5376 is a van used for MMS services by the postal department. It was driven by its employee who was holding valid driving licence. The vehicle, since belonged to the Government, it seems the option of not obtaining insurance policy as allowed by section 146(2) of Motor Vehicles Act, 1988 was exercised and thus there was no insurance policy covering third-party risks. In such events, the liability, if any, is assumed by the Government.
5. On 28.12.2002, this vehicle was coming
The owner of a vehicle is vicariously liable for the negligent actions of the driver, even if the passenger was unauthorized, rejecting claims of sovereign immunity.
The registered owner of a vehicle is solely liable for compensation in motor accident cases under Section 140 of the Motor Vehicles Act, not the driver.
Insurance companies are not liable for unauthorized passengers in goods vehicles under Section 147 of the Motor Vehicles Act, 1988, as there is no statutory requirement to cover such risks.
Insurance Company cannot evade liability for compensation if additional premium for paid driver was accepted, regardless of the driver's employment status.
The violation of provisions of the Motor Vehicles Act absolves the insurance company from liability to compensate unauthorized passengers in goods vehicles.
The insurance company remains liable for compensation regardless of vehicle ownership transfer, as long as the vehicle was insured and no policy violations occurred.
A claimant cannot seek compensation for injuries sustained due to his own negligent driving, as he is not considered a third party under the Motor Vehicles Act.
The main legal point established in the judgment is that the owner of the vehicle alone is liable to pay compensation to a deceased passenger traveling with goods in a commercial vehicle, and no liab....
The registered owner and the permit holder of a vehicle are jointly and severally liable for compensation in accident cases, regardless of the actual ownership transfer status, especially when insura....
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