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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SUDDALA CHALAPATHI RAO
United India Insurance Company Limited, Rep. By Its Regional Manager – Appellant
Versus
Dandu Amshamma, W/o. Saidulu – Respondent
| Table of Content |
|---|
| 1. background of the accident and claim. (Para 2 , 3 , 4 , 5 , 6) |
| 2. arguments on contributory negligence. (Para 7 , 9 , 10) |
| 3. evidence supporting negligence of the parked vehicle. (Para 11 , 12 , 13 , 14) |
| 4. clarification on driving license requirements. (Para 15) |
| 5. liability of vehicle owner vs. insurance. (Para 16 , 17 , 19 , 20) |
| 6. directive for insurance company to pay compensation. (Para 21) |
| 7. final decision on the appeal. (Para 22) |
JUDGMENT :
SUDDALA CHALAPATHI RAO, J.
1. Heard learned counsel Sri M.Rama Krishna for the appellant- insurance company and the learned counsel Sri M.Yadaiah, for the respondent-claimant and none for the respondent No.2-owner of the crime vehicle.
2. The present appeal has been filed by the appellant-insurance company challenging the award passed by the Chairman, Motor Accidents Claims Tribunal (Judge, Family Court) at Nalgonda (for short, ‘Tribunal’) in M.V.O.P.No.573 of 2018, dated 09.05.2022, wherein the claim of the petitioners/respondent Nos.1 and 2 herein was allowed in part, awarding compensation of Rs.11,79,400/- with interest at 7.5% per annum from the date of filing of the petition till date of deposit with proportionate costs.
3
Negligence in parking a vehicle and lack of a valid driving license establish liability, with the owner accountable for compensation despite potential contributory negligence from the claimant.
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 court established the principle of pay and recover, holding the insurance company liable to pay first and then recover from the insured.
The insurer must prove that the insured's breach of policy conditions is willful to avoid liability, even if the driver holds a fake license.
Point of law: vehicle which did not have permit to ply on the road which fact cannot but be heid to be in violation of policy conditions. The contention that the owner should not be made liable even ....
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