Back
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Sri Justice V Srinivas, J
National Insurance Co. Ltd. – Appellant
Versus
Chintha Lakshmamma – Respondent
JUDGMENT :
This appeal is directed against the order of the Chairman, Motor Vehicle Accident Claims Tribunal-cum-V Additional District Judge, Sri Potti Sri Ramulu Nellore District at Nellore (hereinafter called as ‘the Tribunal’) in M.V.O.P.No.210 of 2018 dated 04.05.2022.
2. The appellant is the insurer of the Swift Dezire Car bearing No.AP 26 BG 8778 (hereinafter referred as “crime car”). The respondent Nos.1 to 3 herein are the wife and children of one Chintha Venkata Ramana Reddy (hereinafter called as ‘the deceased’) respectively. The respondent Nos.4 and 5 are the driver and owner of the said crime car.
3. For the sake of convenience, the parties hereinafter referred to as they arrayed before the tribunal.
4. The case of the claimants, in the petition before the Tribunal is that:
i). On 14.12.2017 at about 03.50 p.m., while the deceased being pillion rider along with one Valluru Ramana Reddy proceeding on Honda Activa Scooty bearing No.AP 26 DC 0763 and when they reached Gandhisangam, Gundalammapalem, the 1st respondent being driver of the crime car driven the same in a rash and negligent manner, dashed the said two wheeler in opposite direction, resulted the deceased and rider of
The court upheld the Tribunal's finding of negligence by the car driver and affirmed the compensation awarded, emphasizing that non-joinder of necessary parties is not fatal to the claim.
Contributory negligence must be specifically pleaded, and failure to substantiate claims of shared liability can invalidate reductions in compensation awarded.
Insurers are liable to pay compensation for accidents caused by their insured vehicles, even if policy conditions are violated, as long as the driver is found negligent.
The judgment establishes the necessity of proving negligence in motor accident claims and outlines the structured method for calculating compensation based on established legal principles.
Liability for motor accident compensation determined based on the driver’s negligent actions, with the court emphasizing contributory negligence principles and proper evaluation of income for compens....
The insurer is liable for compensation under the comprehensive policy as it covered the risk of the deceased working as a coolie.
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
