ANDHRA PRADESH HIGH COURT
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Branch Manager United India Insurance Co. Ltd. v. Kondakotla Saroja
| Table of Content |
|---|
| 1. insurance liability hinges on policy terms. (Para 1 , 2 , 5) |
| 2. arguments centered on unauthorized passenger status. (Para 6 , 7 , 10) |
| 3. judicial interpretation of passenger coverage. (Para 12 , 14 , 20) |
1. The insurance company filed this appeal challenging the correctness of order dated 26.11.2002 passed by the Motor Accidents Claims Tribunal (Additional District Judge), Nizamabad in O P. No. 1173 of 2001.
2. The facts, in nutshell, giving rise to this appeal are that respondent No. 1 is the wife, respondent Nos. 2 and 3 are the sons and respondent Nos. 4 and 5 are the mother and father of the deceased K. Rajamouli who died in a motor vehicle accident on 24.4.2001 at 3.30 a.m. in the shivar of Devanpally village. While he was proceeding from Kamareddy towards Banswada in a jeep bearing No. AP 25 - F 1895 owned by respondent No. 6 and insured with the appellant insurance company. Due to rash and negligent driving of the vehicle by its driver, the vehicle turned turtle when it reached shivar of Devanpally village as a result of which the deceased sustained multiple injuries and died on the spot. On the death of the deceased, respondent Nos. 1 to 5 moved the Tribunal
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