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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
RAVI NATH TILHARI, CHALLA GUNARANJAN
New India Assurance Company Ltd – Appellant
Versus
Sarika Pydiraju – Respondent
Judgment :
Ravi Nath Tilhari, J.
Heard Sri Naresh Byrapaneni, learned counsel for the appellant-insurance company and Ms.P.Anuradha, learned counsel for the respondents 1 to 4/claimants.
2. The New India Assurance Company Limited is the appellant in the present appeal under Section 173 of the Motor Vehicles Act, 1988(in short 'the M.V.Act'). The appellant is challenging the award dated 05.02.2024 in M.V.O.P.No.455 of 2018 (in short 'MVOP') passed by the Motor Accidents Claims Tribunal-cum-IV Additional District Judge, Visakhapatnam(in short 'the Tribunal'). The Tribunal allowed the MVOP.
Facts:
3. The respondents 1 to 4/claimants herein filed M.V.O.P under Section 166 of the Motor Vehicles Act, 1988, seeking compensation on account of the death of late Sarika Narasinga Rao in the motor accident dated 12.01.2018 at about 6.45 a.m. caused by the rash and negligent driving of the offending vehicle bearing No.AP 25 W 9929 by its driver, the 5th respondent herein; owned by the 6th respondent herein and insured with the present appellant, who was the 3rd respondent in the claim petition.
4. The claim petition was filed by four claimants including the widow, who died during pendency of the clai
The court held that claims under the Motor Vehicles Act are maintainable even if the deceased was covered under the Employees' State Insurance Act, provided the injury is not an 'employment injury'.
Claimants under the Motor Vehicles Act retain the right to compensation despite receiving benefits under the E.S.I. Act.
The main legal point established in the judgment is that non-compliance with certain statutory requirements, breach of insurance policy conditions, and breach of duty by the owner or driver did not b....
Insurance Company liable for full compensation despite claims of limited liability under Workmen's Compensation Act.
Lack of authoritative pronouncement on whether insurance amount paid under ESI Act constitutes 'similar benefit' as compensation claimed in motor vehicle accident cases.
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