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HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Justice Sumathi Jagadam, J
Potluru Hemalatha, W/o. Late Madhava Rao – Appellant
Versus
P. Prasad, S/o. Chinnabbi – Respondent
JUDGMENT :
(SUMATHI JAGADAM, J.)
Challenge in this Motor Accidents Civil Miscellaneous Appeal is to the Order, dated 02.12.2005, passed in O.P. No.329 of 2001 by the Chairman, I Additional Motor Accidents Claims Tribunal, Nellore (for short, 'the Tribunal') whereunder the Tribunal, while dealing with the claim laid by the petitioners, under Section 166 of the Motor Vehicles Act, 1988 (for short, 'the MV Act'), for a sum of Rs.11,00,000/- on account of the death of one Potluri Madhava Rao (hereinafter referred to as 'the deceased'), who happened to be husband of the 1st petitioner, father of petitioner Nos.2 to 4, and son of the 5th petitioner therein respectively, declining to fix joint and several liability against both the respondents, directed the 1st respondent/insured alone to pay the compensation amount of Rs.9,71,844/- to the petitioners with proportionate costs and interest at 7.5% p.a., from the date of petition till the date of realization and also apportioned their respective share of the compensation amount .
2. The aappellants herein are none other than the claimants, and the respondents herein are the insured and the insurer before the Tribunal.
3. The parties to this App
The insurer is jointly liable for compensation unless it proves a breach of policy conditions, emphasizing statutory liability under the Motor Vehicles Act.
The main legal point established is that the insurance company is liable to compensate the claimants if the deceased had paid a separate premium for personal accident cover, but the liability is limi....
Insurance companies are liable to pay compensation when the driver lacks a valid license, following the 'pay and recover' principle.
The insurer is liable for compensation even if the claimant lacked a valid driving license, provided the insurance policy was valid at the time of the accident.
The driver of the offending vehicle does not qualify as a third party under an Act policy; thus, the insurance company is not liable for compensation.
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