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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
| Table of Content |
|---|
| 1. appeal by insurance company against compensation order (Para 1 , 2) |
| 2. petitioner's claim details and insurance's counter (Para 3 , 4 , 7) |
| 3. arguments from both parties regarding liability (Para 9 , 10) |
| 4. court's analysis on liability and compensation (Para 12 , 13 , 14) |
| 5. court's final order and conclusion (Para 15 , 16) |
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 fr
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.
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