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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
T.C.D.SEKHAR
Magma Hdi General Insurance Company Limited – Appellant
Versus
Sunkara China Lakshmi, W/O Late Sunkara Modayya – Respondent
JUDGMENT :
T.C.D. SEKHAR, J.
1. The present appeal is filed by Appellant-Insurance Company aggrieved by order dt.22.02.2019 in M.O.P.No.943 of 2016, on the file of Chairman, Motor Vehicle Accidents Claims Tribunal-cum-IX Additional District & Sessions Judge, Chodavaram, Visakhapatnam.
2. The claimants approached the Tribunal by filing petition under Section 166 of Motor Vehicles Act, 1988 claiming compensation of Rs.12,00,000/- on account of death of one Sunkara Modayya in the accident that was occurred on 24.05.2016 in which the offending Tractor bearing Registration No.AP37AR 3096 was involved.
3. The 1st claimant is the wife and claimant Nos.2 & 3 are the children of the deceased. It is the case of the claimant that on 23.05.2016 the deceased approached the 2nd respondent, owner of the offending tractor and requested him to send the tractor so as to plough the agricultural land belonged to him. Subsequently, on 24.05.2016 the deceased boarded the tractor and sat on the mudguard of the tractor. When it reached near the agriculture land belonged to the deceased, the driver of the tractor drove the vehicle in rash and negligent manner and hit a big stone. As a result of which, the tr
Insurance companies must compensate in death claims despite unauthorized passenger status, with recovery rights from vehicle owners.
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.
The insurance company remains liable for compensation claims even after the death of the insured, as per Section 155 of the Motor Vehicles Act, 1988, provided the claim arises from an event covered u....
The main legal point established in the judgment is that the Insurance Company is not liable for compensation when the deceased was an unauthorized passenger in a vehicle and there were violations of....
Insurance companies may be required to pay compensation even if the deceased was an unauthorized passenger, with the right to recover from the vehicle owner, reflecting the benevolent intent of the M....
The main legal point established in the judgment is the application of the principle of 'pay and recovery' in directing the Insurance Company to pay the compensation amount to the claimants first and....
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