An insurer is not liable to indemnify a third-party claim if it establishes with credible contemporaneous records that no valid insurance policy exists, effectively shifting the evidentiary burden to the claimant to prove the policy's authenticity when the insurer alleges the document is fabricated.

1. Whether Reporters of Local newspapers

may be allowed to see the Judgments? : Yes

2. Whether the copies of judgment may be

Marked to Law Reporters/Journals? : Yes

3. Whether His Lordship wishes to

see the fair copy of the Judgment? : Yes

___________________________

GADI PRAVEEN KUMAR, J

COMMON JUDGMENT:

Dated 15.10.2025

Between:

IFFCO TOKIO General Insurance Co. Ltd. ... Appellant

VERSUS

1. Badavath Balkishan and others ... Respondents.

Counsel for Appellant : Sri A.Ramakrishna Reddy

Counsel for Respondents : Sri A.Rajashekar Reddy

Sri S.Surender Reddy

GIST :

HEAD NOTE :

Cases referred :

1. MAC Appeal No.7 to 2020 to 09 to 2020

2. C/FA/4114/2009 dated 28.01.2022

Heard Sri A.Ramakrishna Reddy, learned counsel for the appellant and Sri A.Rajashekar Reddy and Sri S.Surender Reddy, learned counsel for the respondents at length and perused the record.

2. M.A.C.M.A.No.22 of 2024 is filed by the Appellant Insurance Company being aggrieved by the order passed by the Motor Accidents Claims Tribunal-cum-Principal District Judge at Nizamabad (for short ‘the Tribunal’) in M.V.O.P.No.67 of 2018 dated 03.08.2023 in respect of deceased Badavath Ravi Kumar, who, while travelling along with his friend Sandeep on motor bike, met with an accident with an oil tanker bearing No. AP- 16TD-4511 (crime vehicle), allowing the claim granting compensation of Rs.31,08,500/- along with interest @ 7.5% p.a.

3. M.A.C.M.A.No.922 of 2024 is filed by the appellant Insurance Company being aggrieved by the award dated 29.12.2023 passed in M.V.O.P.No.32 of 2018 by the Motor Accident Claims Tribunal-cum-I Additional District Judge at Kamareddy in respect of deceased Sandeep, who along with his friend Badavath Ravi Kumar was travelling on a motor cycle met with an accident with an oil tanker bearing No.AP-16TD-4511, allowing the claim granting compensation of Rs.16,55,625/- proportionately along with interest @ 7.5% p.a.

4. Since, the accident occurred on 22.11.2017 at about 2.30 hours where both the deceased while travelling on bike met with an accident by dashing against an oil tanker. Therefore, both these Appeals are clubbed together and are being disposed of by this common judgment.

5. The facts leading to file claims by the respective claimants before the respective learned Tribunals are that on 22-11-2017 at about 2.30 hours near Dharma kanta enroute to Nizamabad-Dichpally Main Road, Dichpalli, the deceased Badavath Ravi Kumar along with his friend Sandeep started on their motor bike bearing No.TS-16EN-5541, and in the meantime, the driver of tanker (lorry) bearing No.AP-16TD-4511 parked on the road without taking any precautions or giving any signals, due to which the deceased dashed into the backside of the lorry, as result of which both the deceased sustained grievous injuries and died on the spot.

6. The police of Dichpally registered a case in Cr.No.220 of 2017 under Section 304-A IPC against the driver of the offending vehicle.

7. It was contended before the respective learned Tribunals that the deceased Badavath Ravi Kumar in MACMA No.22/2024 is aged 26 years working as Chemical Engineer in Granules India Limited, Jeedimetla and earning Rs.20,717/-, in which the father, mother and sisters are the claimants before the learned Tribunal in MVOP No.67 of 2018.

8. In respect of MACMA No.922 of 2024, the deceased viz., Badavat