LI Network
Published on: 22 August 2023 at 14:53 IST
The Andhra Pradesh High Court has issued a significant ruling in a motor accident case, stating that a claimant who is the son of the vehicle owner is not covered under a third party insurance policy.
The case pertained to a dispute in which the claimant challenged the decision of the Chairman of the Motor Accident Claims Tribunal, which had awarded an amount of Rs. 1,13,550 against the claim of Rs. 10 lakhs.
Justice V. Gopala Krishna Rao, presiding over a Single Bench, held that since the claimant was not a third party but rather the son of the owner of the vehicle involved, his risk was not covered under the policy in question (Ex.B.1-policy). Therefore, the liability could not be imposed on the vehicle owner, and it was the owner’s responsibility alone to compensate the claimant for the accident’s losses.
The Tribunal’s findings were found to be legally sound, and the High Court concluded that the appeal lacked merit.
The claimant had filed a petition seeking compensation for injuries sustained in a 2008 motor vehicle accident while working as a cleaner for the owner of the lorry. The accident occurred when the lorry driver lost control and collided with another vehicle.
The High Court emphasized that the claimant failed to prove that he was a third party and that his interest was protected under the insurance policy. As such, the claimant’s appeal was dismissed.