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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
CHALLA GUNARANJAN
Bajaj Allianz General Insurance Co. Ltd. – Appellant
Versus
Kesa Lakshmi Rani W/o Deceased Kesa Venkateswara Rao – Respondent
JUDGMENT :
CHALLA GUNARANJAN, J.
1. These two appeals arise out of common order dated 23.08.2023 passed in MVOP. No.381 of 2017 on the file of Motor Accidents Claims Tribunal-cum-II Additional District and Sessions Judge, West Godavari, Eluru, one preferred by the claimants seeking for enhancement of compensation and the other by the Insurance Company challenging award of compensation by the Tribunal.
2. For the sake of convenience, parties herein will be referred to as they were arrayed before the Tribunal.
3. The brief facts of the case in nutshell are as follows:
(a) This is a case of death. The deceased being Banta Mastry, self-employed, maintaining team of coolie, was involved in activity of loading and unloading paddy. On 24.12.2009, the deceased was engaged for loading and unloading of paddy on tractor-cum-trailer bearing Nos. AP 37AP 1929 and AP 37Q 3715 respectively. While, deceased along with other coolies loaded the paddy into the trailer and in order to unload the same at different place, the tractor was proceeding with deceased and other coolies sitting on the trailer, on the way, due to rash and negligent driving of the driver of tractor, both tractor and trailer turned t
The court determined that a coolie loading or unloading goods from a tractor is considered an authorized passenger under the Motor Vehicles Act, establishing insurer liability for accidents involving....
An unauthorized passenger in a vehicle does not allow for compensation claims against the insurer, but the insurer must cover the claim amount with recovery rights against the vehicle owner.
Insurance policies covering commercial vehicles include risks for coolies engaged in loading and unloading, regardless of claims of unauthorized travel.
The court emphasized the necessity of awarding just and fair compensation in fatal accident cases, including future prospects in income calculations.
Court determined that the compensation for deceased must reflect her academic merit and future earnings potential, thereby enhancing the award significantly.
Contributory negligence cannot be assumed solely based on the absence of a driving license; clear evidence of negligence is required to establish liability.
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