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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Sri Justice V Srinivas, J
Kanamala Sowramma @saranuna – Appellant
Versus
Nula Lakshmi Srinivasa Rao – Respondent
JUDGMENT :
V Srinivas, J.
This appeal is directed against the order of the Chairman, Motor Vehicle Accident Claims Tribunal-cum-VII Additional District Judge, West Godavari at Eluru (hereinafter called as ‘the Tribunal’) in M.V.O.P.No.499 of 2010 dated 19.04.2017.
2. The appellants, who are wife and children of one Kanamala Satyanandam (hereinafter called as “the deceased”), are the claimants before the Tribunal. The respondent Nos.1 and 2 are the rider-cum-owner and insurer of the Bajaj Boxer Motorcycle bearing No.AP 16AH 8539 (hereinafter referred to as “crime motorcycle”) respectively.
3. The case of the claimants, in the petition before the Tribunal is that:
i). On 16.05.2008 at about 05.30 p.m., when the deceased reached Rangannagari street on his bicycle and standing on the left side road margin, the 1st respondent rider of the crime motorcycle, driven the same in a rash and negligent manner at high speed, dashed against the deceased, resulted the deceased sustained multiple injuries all over the body. While undergoing treatment, the deceased was succumbed to injuries on 22.05.2008.
ii). Being dependents, they claimed compensation of Rs.10,00,000/- against the rider-cum-owner and i
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 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'.
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's liability remains intact unless it can conclusively prove the absence of a valid driving license for the rider at the time of the accident.
Insurance companies are liable to pay compensation when the driver lacks a valid license, following the 'pay and recover' principle.
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