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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
Akhtar Unnisa Begum and 2 others – Respondent
| Table of Content |
|---|
| 1. claim for compensation after a vehicular accident. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments concerning negligence and liability. (Para 8 , 9 , 10) |
| 3. court analysis of insurance policy and liability. (Para 11 , 12 , 13 , 14 , 15) |
| 4. final ruling on liability and compensation. (Para 16) |
JUDGMENT :
TIRUMALA DEVI EADA, J.
This appeal is filed by Insurance Company, aggrieved by the order and decree dated 07.04.2021 in M.V.O.P.No.61 of 2016 passed by the Motor Accident Claims Tribunal-cum-I Additional District Judge, Nizamabad (for short “the Tribunal”) granting a compensation of Rs.2,81,000/-.
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 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
An 'Act only Policy' does not cover occupants' risk, establishing clear liability for compensation upon the vehicle owner in accident claims.
The 'Act Policy' does not cover liability for passengers, differing from comprehensive insurance policies, which impacts compensation responsibilities.
A ‘Liability Only Policy’ does not cover risks associated with occupants of the vehicle, thus the Insurance Company is not liable for compensation.
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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