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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
B.R.Madhusudhan Rao
Myathari Manemma – Appellant
Versus
K.Keeru Naik, Medak District – Respondent
JUDGMENT :
B.R.MADHUSUDHAN RAO, J.
1. The Motor Accidents Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988 (for short, ‘the MV Act’) assailing the award passed by the Motor Accidents Claims Tribunal - cum - I Additional District Judge, Medak at Sangareddy in MVOP.No.413 of 2011, dated 27.02.2013.
2. Appellants are the petitioners-claimants and respondents are the respondents in MVOP.No.413 of 2011.
3. Appellants-petitioners have filed claim petition under Section 166 of the MV Act claiming compensation of Rs.3,50,000/- for the death of the deceased Myathari Ashappa.
4. Appellant No.1 - petitioner No.1 is the wife, appellant Nos.2 to 5 - petitioner Nos.2 to 5 are the children of late Myathari Ashappa.
5. Myathari Ashappa is a skilled labourer working as a mason and was earning Rs.6,000/- per month. On 04.03.2011 at about 08.00 p.m., Ashappa travelled as a pillion rider on a motorcycle bearing No.AP-23-1274 along with one M.Lasmappa and Mahaboob to go to Shekapur village from Bonasapuram to attend Valima dinner of one Abdul Nabi. Motorcycle was driven by M.Lasmappa and when they reached the shivar of Malchelma village, the driver of the auto bearing No.
Insurance companies are liable to pay compensation when the driver lacks a valid license, following the 'pay and recover' principle.
The main legal point established is that a person holding a learner's licence is considered 'duly licensed' and the insurance company is liable to pay compensation to the claimants and later recover ....
Insurers are liable to compensate third parties even if the driver lacks a valid license, with a right to recover from the vehicle owner, as established in prior Supreme Court rulings.
Liability of the insurance company to pay compensation to the petitioners in the first instance and recover the same from the owner of the offending vehicle.
The liability of insurers under the Motor Vehicles Act is strict, requiring them to prove negligence for exemption from claim payouts.
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.
The insurance company is liable to pay compensation to the victims of a road accident caused by an insured vehicle, even if the driver's license was suspended at the time of the accident, provided th....
The burden of proof regarding insurance liability rests with the petitioners and vehicle owner, who failed to provide valid documentation.
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