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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
V Srinivas
G.saravanan – Appellant
Versus
Rajendra Pinnapareddy – Respondent
JUDGMENT :
V Srinivas, J.
This appeal is directed against the order of the Chairman, Motor Vehicle Accident Claims Tribunal-cum-I Additional District Judge at Chittoor (hereinafter called as ‘the Tribunal’) in M.V.O.P.No.14 of 2016 dated 29.03.2018.
2. The appellant is the claimant before the Tribunal The respondent Nos.1 to 3 are the owner, insurer and driver of the Lorry bearing No.AP 26 TB 8289 (hereinafter referred to as “crime lorry”) respectively.
3. The case of the claimant, in the petition before the Tribunal is that:
i). On 23.05.2015 at about 08.00 a.m., while the deceased proceeding on the left side of Chittoor to Tirupati road, near G.V.G.Kalyana Mandapam, Murakambattu village, the crime lorry driven by the 3rd respondent in a rash and negligent manner at high speed, dashed the deceased from his behind, resulted he sustained severe bleeding injuries all over the body. Immediately after the accident, he was shifted to Government Hospital at Chittoor, in turn, shifted to C.M.A. Hospital, Vellore for better treatment.
ii). He incurred Rs.7,00,000/- towards treatment, transport and attendant charges. Thereby, he claimed compensation of Rs.15,00,000/- against the owner, insurer an
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.
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.
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.
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