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M. G. PRIYADARSINI
Bajaj Allianz General Insurance Co. Ltd – Appellant
Versus
Thammanaveni Padma – Respondent
JUDGMENT:
1. Aggrieved by the Award dated 20.08.2018 passed in O.P.No.16 of 2017, on the file of the learned Motor Accidents Claims Tribunal-cum-III Additional District Judge, Asifabad, the 3rd respondent in the said O.P./Insurance Company preferred the present Appeal seeking to set-aside the order of the learned Tribunal.
2. For the sake of convenience, the parties hereinafter be referred as they were arrayed before the Tribunal.
3. The facts of the case in brief are that the claim petitioners, who are the wife, children and parents of the deceased-Sri T.Ilaiah, filed a petition under Section 166 of the Motor Vehicles Act, 1988 against the respondents 1 to 3 claiming compensation of Rs.23,60,000/- on account of the death of the deceased-T.Ilaiah in a Motor vehicle accident that occurred on 04.05.2012 at about 09.30 p.m. and respondent No.4 is the General Manager of the Auto Mobile Show Room, who got added as per orders in I.A.No.659 of 2017, dated 18.01.2018. As stated by the petitioners, on 04.05.2012 at about 9.30 p.m., when the deceased- T.Ilaiah was proceeding on his Auto bearing No.AP-01-Y-803 and when he crossed near Sowbhagya Toll Plaza at Kasipet, one Tractor bearing No.AP-01
The court ruled that the insurance company was not liable due to a fabricated policy, and compensation was adjusted based on the deceased's income and dependents.
The main legal point established in the judgment is the liability of the Insurance Company to pay compensation despite the violation of the insurance policy terms, and the application of the 'pay and....
Insurance Company liable for full compensation despite claims of limited liability under Workmen's Compensation Act.
The court enhanced the compensation for death in a motor accident, establishing the deceased's notional income and confirming the negligence of the Lorry driver.
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