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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Dr. V.R.K. Krupa Sagar, J
Mukku Jyothi – Appellant
Versus
Syed Uddandu Saheab – Respondent
JUDGMENT:
1. This appeal under section 173 of the Motor Vehicles Act, 1988 (for short ‘the MV Act’) is filed by the appellants/claimants impugning the order dated 27.04.2012 of the learned Chairman, Motor Accident Claims Tribunal – Cum – Principal District Judge, Eluru in MVOP.No.619 of 2010.
2. Heard arguments of Sri Y.V.Ravi Prasad and Sri B.V.Krishna Reddy, the learned counsel for appellants and Sri Eluru Seshu Mahesh Babu, the learned counsel on behalf of Sri P.B.Narasimha Murthy, the learned counsel for respondents.
3. The following facts are required to be noticed:
Sri M. Sri Hari Reddy was driving a motorcycle bearing registration No. AHK 2466 and his wife Smt. M.Jyothi was the pillion rider. A lorry bearing registration No. AP TV 0567 is stated to be the offending vehicle. On 29.07.2009 near Pothuru village collision took place between these two vehicles and in that Sri M. Sri Hari Reddy died and his wife sustained some injuries. The brother of the deceased lodged written information on the same day and FIR was issued as per Ex. A1. The wife and mother of the deceased filed MVOP.No.619 of 2010 under section 166 of the MV Act for compensation of Rs.5,00,000/-. The driver of the
Claimants failed to establish negligence of the lorry driver, resulting in dismissal of compensation claim under section 166 of the Motor Vehicles Act.
In claims under Section 163(A) of the Motor Vehicles Act, insurers cannot use negligence of the claimant as a defense, adhering strictly to no-fault liability principles.
Section 163A of the Motor Vehicles Act allows compensation claims regardless of the tortfeasor's status, underscoring no-fault liability for insured drivers in motor accidents.
Death in motor accident – Section 163A of Motor Vehicles Act, 1988 do not have retrospective effect.
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