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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Dr. V.R.K. Krupa Sagar, J
AP State Road Transport Corporation – Appellant
Versus
Goli Ravindra Ravi – Respondent
JUDGMENT:
V.R.K. KRUPA SAGAR, J.
This Appeal, under Section 173 of the Motor Vehicles Act, 1988 , is filed by the Andhra Pradesh State Road Transport Corporation (A.P.S.R.T.C.) assailing the award dated 31.05.2011 of the learned Chairman, Motor Vehicles Accidents Claims Tribunal-cum-VI Additional District Judge (F.T.C.), Guntur (hereinafter referred to as ‘the Claims Tribunal’) in M.V.O.P.No.1350 of 2009.2. Heard arguments of Sri Venkateswarlu Sanisetty, the learned Standing Counsel for appellant-A.P.S.R.T.C. Despite service of notice on respondents, none entered appearance.
3. The following facts are required to be noticed:
A.P.S.R.T.C. bus bearing registration No.AP 37 Y 9277 and a motorcycle bearing registration No.AP 16 N 9097 were involved in an automobile accident occurred on 09.06.2009 at about 8:00 P.M. on National Highway-5 road near Nallagate Center. In the said accident Sri Goli Ravindra @ Ravi suffered injuries and survived while his brother-in-law succumbed to injuries and died. Sri Goli Ravindra @ Ravi filed a claim petition under Section 163A of the Motor Vehicles Act and claimed compensation of Rs.2,30,000/-. The bus was originally owned by Sri S.Srinivas. He was shown
The hirer of a vehicle is not liable for compensation claims if the insurance policy remains valid and subsisting, as established in the Motor Vehicles Act.
The insurance company and the owner of an insured vehicle are liable for compensation in accidents, while the hirer is not, as established by the Motor Vehicles Act and relevant case law.
The liability for compensation in an accident involving a hired vehicle lies with the insurer and owner, not the hirer, as established by the Motor Vehicles Act.
The insurer is liable for compensation in cases involving hired vehicles, provided the insurance policy is valid and in force, irrespective of lease agreements.
The hirer of a vehicle is not liable for compensation if the vehicle is insured and the agreement specifies that the owner is responsible for claims arising from accidents.
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