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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
Afshan Naaz – Respondent
JUDGMENT :
TIRUMALA DEVI EADA, J.
This appeal is filed by Insurance Company, aggrieved by the order and decree dated 22.03.2021 in M.V.O.P.No.124 of 2016 passed by the Motor Accident Claims Tribunal-cum-I Additional District Judge, Nizamabad (for short “the Tribunal”) granting a compensation of Rs.1,25,600/-.
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 is that on 10.11.2015 the petitioner along with others was travelling in Toyota Qualis bearing No.AP-25-N-8866 from Hyderabad towards Nizamabad and when they reached near Bhiknoor Church gate at about 9.00 a.m. the driver of the said vehicle has driven it in a rash and negligent manner at high speed and lost control over the vehicle and dashed against the Tractor bearing No.TS-15-UB-2162 from its behind. As a result, the petitioner and other inmates of the said vehicle sustained injuries. Immediately, she was shifted to Government area Hospital, Kamareddy and thereafter she was shifted to R.R. Life Line Hospital, Nizamabad wherein she was treated as inpatient and underwent major operations to her left hand. The petitioner wa
The 'Act Policy' does not cover liability for passengers, differing from comprehensive insurance policies, which impacts compensation responsibilities.
An 'Act only Policy' does not cover occupants' risk, establishing clear liability for compensation upon the vehicle owner in accident claims.
A ‘Liability Only Policy’ does not cover risks associated with occupants of the vehicle, thus the Insurance Company is not liable for compensation.
Occupants of a vehicle are not considered third parties under liability-only insurance policies, shifting the burden of compensation to the vehicle owner.
The court upheld the Tribunal's decision, confirming the validity of the insurance policy and the reasonableness of the compensation awarded for grievous injuries sustained in a motor vehicle acciden....
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