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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
A.HARI HARANADHA SARMA
P.V. Subba Rao, S/O Ramachandra Rao – Appellant
Versus
Yarra Lakshmi Suryakantham W/O Latetrisulapani Milk – Respondent
JUDGMENT :
A. Hari Haranadha Sarma, J.
Introductory:
1. Respondent No.1 in M.V.O.Pn.No.210 of 2008 on the file of the Chairman, Motor Accidents Claims Tribunal-cum-VI Additional District Judge (F.T.C), Krishna at Machilipatnam (for short “the learned MACT”), feeling aggrieved by the order and decree dated 22.09.2011, filed the present appeal invoking Section 173 of the Motor Vehicles Act, 1988.
2. Respondent No.1 herein is the claimant. The learned MACT awarded a compensation of Rs.60,000/- with interest at the rate of 7.5% per annum as against a claim made for Rs.1,00,000/-, however, fixing the liability on the appellant alone, who is the owner-cum-driver of the tractor bearing No.AP 16 S 9830 (for short “the offending vehicle”). Respondent No.2 is the financier and Respondent No.3 is the Insurance Company with which the offending vehicle is claimed to have been insured.
3. For the sake of convenience, the parties will be hereinafter referred to as “the claimant” and “the respondents” as and how they are arrayed before the learned MACT.
Case of the claimant:
4. The claimant is aged '53' and was earning Rs.5,000/- per month as a milk vendor. On the fateful day i.e. 29.02.2008 at about 11:
The burden of proof lies with the insurance company to establish the authenticity of the cover note and the insurance coverage at the time of the accident.
The court affirmed the Tribunal's decision that the Insurance Company was liable for compensation as it failed to prove the vehicle was uninsured at the time of the accident.
Point of law: liability under Section 163A of the Act is on the owner of the vehicle as a person cannot be both, a claimant as also a recipient and, therefore, the heirs of the owner could not have m....
An insurer must indemnify third parties for liabilities despite policy violations, but retains the right to recover payments from the vehicle owner.
The insurance company remains liable for compensation regardless of vehicle ownership transfer, as long as the vehicle was insured and no policy violations occurred.
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