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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Dr. V.R.K. Krupa Sagar, J
Kurasala Pulla Rao – Appellant
Versus
Kovvuri Sai Rama Reddy – Respondent
| Table of Content |
|---|
| 1. injured claimant's background (Para 1) |
| 2. details of the accident (Para 2) |
| 3. claimant's injuries and claim (Para 3) |
| 4. issues framed for trial (Para 4) |
| 5. evidence presented (Para 5) |
| 6. investigation and charge sheet (Para 6 , 7 , 8) |
| 7. liability of insurance company (Para 9 , 10 , 11 , 12) |
| 8. court's final ruling (Para 13) |
JUDGMENT:
1. By this appeal under section 173 of the Motor Vehicles Act, 1988 an injured claimant impugns the award dated 09.08.2012 of the learned Motor Accidents Claims Tribunal – Cum – IV Additional District Judge, (Fast Track Court), Tanuku in MVOP.No.691 of 2009 to the extent of absolving the insurance company from liability.
2. The offending vehicle is Bajaj Boxer Motorcycle bearing registration number AP 05 R 3356. Respondent No.2 herein is the owner of the said motorcycle. He got it insured with Bajaj Allianz General Insurance Company Limited/ R3. On the fateful day, this motorcycle was driven by R1.
3. The appellant/injured claimant was a small time seller of plantain clusters earning about Rs.5,000/- per month. On 08.05.2009, he was going on his bicycle and at about 10.30 pm, R1 drove the offending motor cycle rashly or negligently on NH 5 roa
Insurance companies may be liable to indemnify third-party claims even if the driver lacked a valid license, based on principles of social security and judicial precedents.
Insurance companies remain liable for compensation to third parties despite the driver's invalid license unless there is a fundamental breach of terms.
The insurance company must provide evidence to support its claims, and failure to do so may result in the dismissal of the appeal.
Point of Law : Motor Accident claim - Insurance company is entitled to take a defence that the offending vehicle was driven by an unauthorised person or the person driving the vehicle did not have a ....
Liability of Insurance company to pay compensation despite driver's lack of required endorsement on driving license.
The Insurance Company may initially pay compensation to third-party claimants despite the driver lacking a valid license, with a right to recover from the vehicle's owner.
The insurer must satisfy the compensation award despite the insured's breach of policy conditions unless it fundamentally contributed to the accident.
The central legal point established in the judgment is the liability of the Insurance Company based on the violation of policy condition due to the rider not possessing a valid driving license at the....
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