Claimants vs Insurance Company - 2012 Supreme(Online)(AP) 2

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2012 Supreme(Online)(AP) 2

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
S. V. Bhatt, J
Claimants – Appellant
Versus
Insurance Company – Respondent

Advocates:
For the Appellants/Petitioners: Counsel for claimants
For the Respondents: Counsel for the Insurance Company

Table of Content
1. claimants are dependants of the deceased, driver of an insured vehicle. (Para 1)
2. claimants argue under the motor vehicles act, claiming no proof of negligence is necessary. (Para 2 , 4 , 5)
3. court discusses interpretation of accident in relation to death due to natural causes. (Para 6 , 7 , 8 , 10)
4. court emphasizes proof of accidental death for compensation eligibility. (Para 9 , 11)
5. court dismisses appeal, ruling death is not due to an accident. (Para 12)

1. The appellants - claimants are dependants of the deceased Venkateswara Rao who was driver of lorry bearing No. AP 16 - X 6788 belonging to the respondent No. 1 and insured with the respondent No. 2 insurance company. The deceased died on 15.10.2005 at about 5 a.m. near Pudur Railway Gate, Vaniyambadi of Vellore of Tamil Nadu State. As the railway gate was closed, the deceased stopped his lorry and thereafter suffered sudden chest pain and collapsed. Deceased died of sudden heart attack. Post - mortem certificate of the deceased, Exh. A3, disclosed that he died of myocardial infarction (heart attack). In those circumstances, the claimants approached the Motor Accidents Claims Tribunal - cum - First Addi

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2012 Supreme(Online)(AP) 2

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATIS. V. Bhatt, JClaimants – AppellantVersusInsurance Company – Respondent

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
S. V. Bhatt, J
Claimants – Appellant
Versus
Insurance Company – Respondent