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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
B S BHANUMATHI
Oriental Insurance Company Limited – Appellant
Versus
Sahajeevan Babu – Respondent
JUDGMENT :
B.S. BHANUMATHI, J.
M.A.C.M.A.No.1503 of 2005 is filed under Section 173 of the Motor Vehicles Act, 1988, challenging the award and the decree, dated 07.04.2005, in M.V.O.P.No.105 of 2002 before the Chairman, Motor Accidents Claims Tribunal-cum-VII Additional District Judge, Madanapalle.
M.A.C.M.A.No.1518 of 2005 is filed under Section 173 of the Motor Vehicles Act, 1988, challenging the award and the decree, dated 07.04.2005, in M.V.O.P.No.103 of 2002 before the Chairman, Motor Accidents Claims Tribunal-cum-VII Additional District Judge, Madanapalle.
2. The appellant herein is the 2nd respondent / insurance company. The respondent No.1 is the claimant before the Tribunal. The 2nd respondent is the owner of the jeep bearing No.KA 19 6429.
a. In M.A.C.M.A.No.1503 of 2005, notice sent to the respondent No.1 / claimant was not returned though it was sent to the same address as given before the Tribunal. In M.A.C.M.A.No.1518 of 2005, in spite of service of notice on the respondent No.1 / claimant, there has been no appearance.
b. The appeal against the 2nd respondent was dismissed for default vide order, dated 03.01.2012, of this Court.
3. The case of the claimant, in brief, is
An 'Act policy' under the Motor Vehicles Act does not cover passenger liability unless explicitly stated; the insurance company cannot be held liable for injuries to unauthorized passengers.
comprehensive/package policy” would cover the liability of the insurer for payment of compensation for the occupant in a car. There is no cavil that an “Act Policy” stands on a different footing from....
An insurance policy labeled as 'Private Car Liability Only' does not cover occupants unless a premium is charged for their risk, thus limiting the insurer's liability.
A Comprehensive/Package policy covers liability for occupants, including pillion riders, while an Act only policy does not.
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