LAWS(APH)-2013-7-93

ORIENTAL INSURANCE CO.LTD. TANUKU Vs. POLISETTI SATYAVATHI

Decided On July 12, 2013
Oriental Insurance Co.Ltd. Tanuku Appellant
V/S
Polisetti Satyavathi Respondents

JUDGEMENT

(1.) This appeal is filed by the Oriental Insurance Company Limited challenging the award passed by the Motor Accidents Claims Tribunal (District Judge) West Godavari, Eluru in O.P. No. 430 of 2000. The principal ground of challenge in the grounds set out in appeal is that, the Claims Tribunal has granted excessive compensation by treating the income earned by the individual as more than Rs. 5,000/- per month. During the course of arguments, learned counsel for the appellant contended that the driver of the vehicle is not having valid driving licence and therefore, the terms of insurance policy are violated. Thus, the insurance company is not liable to pay compensation and thus the award of claims Tribunal fixing liability on appellant is erroneous.

(2.) In this appeal, the petitioners are arrayed as respondents 1 to 4, driver of the vehicle as 5th respondent, owner of the crime vehicle as 6th respondent, another branch office of Oriental Insurance Company Limited as 7th respondent and the owner of the car as 8th respondent.

(3.) Since office objections were not complied with, this Court by order dated 02.09.2011 dismissed the appeal as against 6th respondent and the said order has become final.