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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
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 the present appeal is as under.
4. On 06.11.2012 at about 11.45 a.m., while B.Raja Shekharam (hereinafter referred to as ‘deceased’) was proceeding on his Bajaj CT 100 Motorcycle bearing registration No.AP-29-N-7282 from Aramghar to Durga Nagar and when he reached Sai Baba Nagar cross-roads, one Motor Cab (Auto) bearing registration No.AP-28- TV-0289 coming from Saibaba Nagar in rash and negligent manner dashed
Both vehicle drivers were found equally negligent in the accident leading to liability shared between their insurance companies.
The main legal point established in the judgment is the liability of insurers in cases of negligent driving and the apportionment of compensation in accordance with the Motor Vehicles Act, 1988.
Contributory negligence and apportionment of liability between insurers and drivers under the Motor Vehicles Act, 1988.
The main legal point established in the judgment is the confirmation of liability of the respondents based on the evidence of rash and negligent driving and the insurance policies.
Insurance companies are liable to compensate even if not all parties involved are impleaded, ensuring claimants receive fair remuneration.
The main legal point established is the liability of the owners and insurers of the vehicles involved in the accident, and the application of Section 163-A of the Motor Vehicles Act, 1988 for claimin....
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