[Motor Accident] Andhra Pradesh High Court Orders Insurer To Compensate Driver Despite Negligent Driving

The Andhra Pradesh High Court recently allowed the claim for compensation of the driver of an offending vehicle which was involved in an accident, though the cause of accident was found to be rash and negligent driving on the part of the said driver.

Justice V. Gopala Krishna Rao asked the insurance company and the owner of the vehicle to pay compensation to the driver who was injured in the accident.

“The evidence of P.W.1 goes to show that the accident occurred due to rash and negligent driving of the driver of the offending lorry...The Tribunal in its order held that there is no dispute in respect of the fact that during the course of employment the petitioner sustained injuries while driving the offending lorry, which was owned by the 1st respondent and insured with the 2nd respondent/Insurance company.”

The appeal was filed by Oriental Insurance Co. Ltd challenging the order of compensation awarded to the offending driver, for injuries sustained by him.

The petitioner before the tribunal stated that back in 2007, when he was driving the lorry, a stray cow came in the middle of the road, forcing him to swerve the lorry, turning it turtle. Due to the said accident, the driver sustained multiple fractures and severe bleeding injuries. Hence, he filed for compensation from the owner and insurer of the lorry, before the tribunal and even submitted medical reports to the tune of Rs 1,04,554/- in support of his claim.

The owner of the lorry claimed that since the lorry has a subsisting insurance policy, and because the accident occurred due to the fault of the petitioner himself, he is not liable to pay compensation.

The claim of the Insurance Company was that as of the day of the accident, the driver of the offending vehicle did not have a valid driving licence and he also drove in a rash and negligent manner which led to the accident.

Considering the chief examination of the offending driver and the F.I.R registered, the Tribunal came to the conclusion, that the accident occurred due to the rash and negligent driving on the part of the offending driver, nonetheless, held that he was entitled to his compensation claim.

“To prove the injuries sustained by him, expenditure incurred for treatment and the period of treatment, the petitioner got examined the doctor, who treated him, as P.W.2 and also relied on Ex.A.2-wound certificate, and Ex.A.4 & A.5-x-rays, Ex.A.5- prescriptions and medical bills to a tune of Rs.28,554/-.”

The Court further held that considering that the insurance policy was in force, the owner of the car had paid the amount towards his liability and that the driver had a valid driving licence, the Court held that both the respondents will be liable to pay compensation, jointly.

Thus, no illegality or irregularity was found in the order of the Tribunal. Accordingly, the appeal was dismissed as devoid of merits.

Case Title: The Oriental Insurance Co. Ltd. Vs. Kakara Veerabadra Rao & Anr (50)

Counsel for Appellant: V Raghu

Counsel for Respondent: T.V. Jaggi Reddy

Click Here To Read/Download Order