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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
M.G.PRIYADARSINI
Reliance General Insurance Company Limited – Appellant
Versus
Gavuru Buchamma – Respondent
| Table of Content |
|---|
| 1. insurance company denies liability (Para 4) |
| 2. claim for compensation (Para 5 , 6 , 7 , 8) |
| 3. tribunal's findings on negligence (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 4. deceased not a third party (Para 19 , 20 , 21) |
| 5. appeal outcome (Para 22) |
JUDGMENT :
M.G. PRIYADARSINI, J.
1. Aggrieved by the Award dated 31.03.2022 (hereinafter will be referred as ‘impugned award’) passed by the learned Motor Vehicles Accidents Claims Tribunal – cum - VIII Additional District Judge, Jayashankar – Bhupalpally (hereinafter will be referred as ‘Tribunal’) in M.V.O.P.No.1096 of 2016, the Insurance Company/respondent No.3 has filed the present Appeal to set aside the impugned award.
2. For the sake of convenience, the parties hereinafter are referred as they were arrayed before the Tribunal.
3. The brief facts of the case as can be seen from the record are as under:
a) The petitioner filed claim petition claiming compensation of Rs.7,00,000/- against the respondent Nos.1 to 3 for the death of her son by name ‘Gavuru Ranjith Reddy’ (hereinafter will be referred as ‘deceased’). The reason assigned by the petitioner for the death of the deceased is that on 06.08.2016 at 5.30 PM
The deceased, being the son of the vehicle owner, is not considered a third party under the insurance policy, thus the insurer is not liable for compensation.
The insurance company remains liable for compensation claims even after the death of the insured, as per Section 155 of the Motor Vehicles Act, 1988, provided the claim arises from an event covered u....
Insurers are obligated to compensate occupants of an insured vehicle under the Motor Vehicles Act, even if those occupants are legal heirs of the driver, affirming their status as third parties.
Under Section 163(A) of the Motor Vehicles Act, insurers cannot raise the defense of negligence against claimants, the deceased cannot be treated as a third party if they are related to the vehicle's....
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