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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Tirumala Devi Eada
United India Insurance Company Limited – Appellant
Versus
Arkala Indira Priya Darshini W/o Tirupathaiah – Respondent
JUDGMENT :
Tirumala Devi Eada, J.
This appeal is filed by the Insurance Company, aggrieved by the Order and Decree dated 25.11.2020 in M.V.O.P.No.161 of 2017 passed by the Chairman, Motor Accident Claims Tribunal-cum-Principal District Judge, Warangal (for short “the Tribunal”).
2. For convenience and clarity, the parties herein are referred to as they were arrayed before the Tribunal.
3. The case of the petitioner before the Tribunal was that on 17.07.2016 the deceased-Arkala Thirupathaiah went to attend an exam along with his friends by a car bearing No. AP-36-Q-3042 and were returning to Hanamkonda by the same car, after crossing Vivera Hotel on NH-163 near Bhongir, another Car bearing No.TS-05-UB-4854 was proceeding towards Hyderabad, driven by its driver in a rash and negligent manner at a high speed, consequently the driver of the car in which the deceased was travelling lost control and hit against the other car due to which the deceased sustained grievous head injury apart from other grievous injuries. Immediately he was shifted to Aditya Hospital, Uppal, wherein he died on the same day while undergoing treatment. It is their case that the deceased was aged about 40 years and w
A ‘Liability Only Policy’ does not cover risks associated with occupants of the vehicle, thus the Insurance Company is not liable for compensation.
The 'Act Policy' does not cover liability for passengers, differing from comprehensive insurance policies, which impacts compensation responsibilities.
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.
An 'Act only Policy' does not cover occupants' risk, establishing clear liability for compensation upon the vehicle owner in accident claims.
An Act Only Policy does not cover co-passengers unless additional premium is paid, and contributory negligence applies in accidents involving parked vehicles.
A Comprehensive/Package policy covers liability for occupants, including pillion riders, while an Act only policy does not.
Occupants of a private car are not covered by an Act Only Policy, and therefore, the insurance company cannot be held liable to pay compensation for the occupants' claims.
Liability of the insurance company under an 'act only policy' does not cover the risk of the occupants of the vehicle.
Occupants of a vehicle are not considered third parties under liability-only insurance policies, shifting the burden of compensation to the vehicle owner.
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