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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Sri Justice V Srinivas, J
United India Insurance Company Limited – Appellant
Versus
Pagadala Nagender Babu – Respondent
JUDGMENT :
These appeals are directed against the order of the Chairman, Motor Vehicle Accident Claims Tribunal-cum-V Additional District Judge at Rayachoty (hereinafter called as ‘the Tribunal’) in M.V.O.P.Nos.102 of 2011 and 23 of 2012 dated 23.07.2013.
2. Since these appeals arise out of same accident and as the material facts are common, the same are being disposed of by this common judgment.
3. Both the M.A.C.M.As. are preferred by the insurer of the Tractor-cum-Trailer bearing No.AP 04 W 4897 and AP 04 W 4898 (hereinafter referred to as “crime vehicle”). The respondent Nos.1 to 3 in M.A.C.M.A.No.170 of 2025 are the children of one Pagadala Nagamma (hereinafter called as “deceased”). The respondent Nos.1 and 2 in M.A.C.M.A.No.179 of 2015 are the injured/claimant and owner of the crime vehicle respectively.
4. For the sake of convenience, the parties hereinafter referred to as they arrayed before the tribunal.
5. The case of the claimants, in the petitions before the Tribunal in both M.V.O.Ps. is that:
i). On 16.05.2011, while the deceased, injured/claimant along with others proceeding on the crime vehicle with load of date leaves from Koriakunta to Kalakada, when they reached near D
The court affirmed the principle of 'pay and recover' in cases of unauthorized passengers and lack of valid driving license, emphasizing the insurer's obligation to compensate claimants first.
The insurer is liable to pay compensation to the claimant first, despite the driver's lack of a valid license, based on the principle of 'pay and recover'.
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.
Insurers are liable to compensate third parties even if the driver lacks a valid license, with a right to recover from the vehicle owner, as established in prior Supreme Court rulings.
The insurance company must prove any alleged breach of policy terms to avoid liability; mere allegations without evidence are insufficient.
The insurer is liable for compensation under the comprehensive policy as it covered the risk of the deceased working as a coolie.
The court affirmed that a driver with a Heavy Transport Vehicle license is qualified to drive a Light Motor Vehicle, thus validating the insurance company's liability.
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