Back
IN THE HIGH COURT OF ANDHRA PRADESH
A. HARI HARANADHA SARMA
National Ins. Com. Ltd – Appellant
Versus
G Pichamma, Prakasam DIST – Respondent
JUDGMENT :
I. Introductory:-
1. Questioning sustainability of three awards and decrees dated 24.03.2016 passed in M.V.O.P.Nos.652, 653 and 654 of 2013 by the Motor Vehicles Accidents Claims Tribunal-cum-I Additional District judge, Guntur (for short “the MACT”), three appeals are filed by the National Insurance Company Limited, arrayed as Respondent No.2 in all the three M.V.O.Ps., now under consideration and being disposed of under this common judgment.
2. Details of case numbers, compensation claimed by the claimants and the amount awarded by the learned MACT are as follows:
| M.V.O.P. No. | M.A.C.M.A. No. | Claimants & Relationship with Deceased | Respondents | Name of the deceased. | Amount claimed (in Rs.) | Amount Awarded (in Rs.) |
| 652 of 2013 | 153 of 2017 | 1. Y.Arogyam 2. Y.Rama Lakshmamma 3. Y.Anil (Wife & Children of Deceased) | 1. Tahir Gurakasar(owner of lorry) 2. National Insurance Company (Appellant) | Y.Venkateswarlu | 4,00,00/- | 3,21,500/- @7.5% p.a. |
| 653 of 2013 | 140 of 2017 | Y. Arogyam (Mother of Deceased) | 1.Tahir Gurakasar(owner of lorry) 2. National Insurance Company (Appellant) | Y. Yedukondalu | 4,00,00/- | 3,59,000/- @7.5% p.a. |
| 654 of 2013 | 127 of 2017 | 1. G. Pichamma 2. G.Koteswari (Wife & Daughter of deceased) | 1. Tahir Gurak |
Insurance policies covering commercial vehicles include risks for coolies engaged in loading and unloading, regardless of claims of unauthorized travel.
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.
The main legal point established in the judgment is the application of the principle of 'pay and recovery' in directing the Insurance Company to pay the compensation amount to the claimants first and....
The liability of the insurer under a statutory policy is restricted to indemnify the insured in respect of claims made by third parties and the owner of goods or their authorized representatives who ....
Insurance companies may be required to pay compensation even if the deceased was an unauthorized passenger, with the right to recover from the vehicle owner, reflecting the benevolent intent of the M....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
