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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NARSING RAO NANDIKONDA
National Insurance Company Limited – Appellant
Versus
Boya Santamma – Respondent
JUDGMENT :
NARSING RAO NANDIKONDA, J.
1. M.A.C.M.A.No.32 of 2020 is filed by the National Insurance Company Limited and Cross Objection No.35 of 2020 is filed by the Claimants being aggrieved and unsatisfied against the Award and decree passed by the Motor Vehicles Claims Tribunal-Cum-I Addl.District Judge, Mahabubnagar, (hereinafter referred to ‘learned Tribunal’) in M.V.O.P.No.250 of 2014, dated 04.02.2019.
2. For the sake of convenience, the parties will be hereinafter referred to as they are arrayed before the learned Tribunal.
3. The brief facts of the case are that on 19.11.2013, the deceased along with another were proceeding on a motorcycle bearing registration No.AP-22 AQ-4730 from Ranipet to Gangapur village on Jadcherla Kalwakurthy road and when they reached near Yerra kaluva, an unknown vehicle being driven by its driver in a rash and negligent manner hit the deceased motorcycle, as a result, both the deceased who was a pillion rider and also rider of the said motorcycle, fell on the road and sustained severe grievous injuries. Immediately, the deceased was shifted to hospital and while undergoing treatment, the deceased succumbed to injuries. The Jadcherala Police, regist
The court upheld the applicability of 'no-fault' liability provisions under Section 163-A of the Motor Vehicles Act, confirming the Tribunal's compensation award without requiring proof of negligence....
Under Section 163(A) of the Motor Vehicles Act, claimants are not required to prove negligence; the onus lies on the insurer to establish any negligence to deny compensation.
Insurance liability under a 'Liability only Policy' does not extend to cover claims for injuries or deaths of gratuitous passengers, including pillion riders.
The main legal point established in the judgment is the interpretation and application of Section 163(a) of the MV Act, including the maintainability of claim petitions and the insurer's ability to r....
Claims under Section 163-A of the Motor Vehicles Act are maintainable for fatalities involving occupants of the insured vehicle, allowing strict statutory liability without proving negligence.
Compensation claims under Section 163A of the Motor Vehicles Act are not applicable when the deceased is the owner or a relative of the owner of the vehicle involved in the accident.
A claim under Section 166 of the Motor Vehicles Act is maintainable if negligence cannot be attributed to the deceased rider, allowing for just compensation.
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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