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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SUDDALA CHALAPATHI RAO
Reliance General Insurance Company Limited – Appellant
Versus
Vanaja Rajashekharan – Respondent
| Table of Content |
|---|
| 1. basis for claim and loss of support (Para 2 , 3 , 5 , 6) |
| 2. details of accident and liability determination (Para 4 , 8 , 10) |
| 3. appellant's arguments on compensation liability (Para 11 , 12) |
| 4. court's assessment of negligence and liability (Para 14 , 15 , 16) |
| 5. legal precedent on joint liability in accidents (Para 17 , 18) |
| 6. dismissal of appeal and order for compensation payment (Para 19 , 20) |
JUDGMENT :
SUDDALA CHALAPATHI RAO, J.
1. Heard Mr. K.Ajay Kumar, learned counsel for the appellant/insurance company and Mr. N.Chandra Sekhar, learned counsel representing Mr. A.Ramakrishna Reddy, for respondent No.5 and as the appeal is filed only as to the apportionment of compensation between the insurance companies, the Appeal is heard and decided at the stage of admission.
2. The present appeal has been filed by the appellant/insurance company challenging the award passed by the Chairman, Motor Accident Claims Tribunal-cum-XIV Additional Chief Judge (Fast Track Court), City Civil Courts, Hyderabad (for short, ‘Tribunal’) in M.V.O.P.No.2499 of 2014, dated 06.01.2021, thereby seeking to set-aside the award against the appellant-insurance company.
3. The brief factual matrix of
Both vehicle drivers were found equally negligent in the accident leading to liability shared between their insurance companies.
In cases of joint tortfeasors, apportionment of negligence cannot be assessed without all parties present, as each can be held liable for entire damages.
Insurance companies are liable to compensate even if not all parties involved are impleaded, ensuring claimants receive fair remuneration.
Liability for motor accident apportioned 1/3rd each to car driver (sudden brake), two-wheeler rider (no safe distance), and lorry driver (failure to avoid).
Insurance companies are liable to pay compensation when the driver lacks a valid license, following the 'pay and recover' principle.
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