Court : Andhra Pradesh
Reported in : [1983]53CompCas269(AP)
..... highways as they are today. compensation for injuries sustained by reason of motor vehicles irrespective of fault is a burden that can well be distributed among all those for whose benefit the highways have been developed.'147. friedmann in his law in a changing society devoted chap. 5 to 'tort, insurance and social responsibility'. the following ..... the appalling toll on the roads. it might be likened to a civil war, unending and growing in severity, in which the casulties in peace may exceed those in war......no doubt the original justification of the 'fault' concept was to prevent injury by punishing the wrongdoer...but today, punishment of one wrongdoer by awarding ..... damages are compensatory only. such a view is plainly inconsistent with any theory of deterrence.129. lord denning says in browning v. war office [1963] 1 qb 750.'the award of damages is made to compensate him, not to punish the wrongdoer. that is now settled by british transport commission v. gowley [1956] ac 185.'130. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004ACJ2031; 2003(3)ALD753
..... , but also arising out of employment, thus satisfying both the ingredients and hence the commissioner for workmen's compensation is well justified in awarding compensation against both the opposite parties, including the insurance company, the appellant herein. the learned counsel also had placed reliance on several decisions in this regard.6. ..... or extended the peril, or that the peril was not a general peril but a peril personal to the employee'.in sumitra devi v. executive engineer, war asthan irrigatioin division, jahanabad, gaya, : (1997)iiillj1058pat , where a khalasi employed on casual basis by the irrigation department was on duty to guard ..... injury on the spot. the deceased-truck driver is a workman and he met his death during the course of employment with opposite party no. 1. he was paid rs. 3,000/- towards wages besides batha of rs. 50/- per day. it is further stated that the opposite party no. 2, the present appellant - insurance company, also is liable for payment of compensation .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(1)ALD394; 1997(6)ALT540
..... 5-1986 when the lorry met with the accident and the deceased received injuries and died on account of such injuries subsequently. the claimants filed the o.p. seeking compensation of rs.50,000/- from the owner of the lorry as well as the appellant/ insurance company on account of the dealh of deceased in such accident, contending ..... the owner was dishonoured, no amount was received by the insurance company towards premium payable and as such ex. b5 insurance policy is void ah initio and cannot have any force and does not cover the risk and such insurance policy was also subsequently cancelled and the owner war accordingly intimated about such cancellation. he has also tried ..... to rely upon the provisions of section 64vb of the insurance act, 1938 and the provisions of section 96(2)(c) of a.p. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1979AP75
..... counter in all the three petitions contending inter alia that the insurance company war not liable for the acts of the second respondent who was not a licensed driver and that the insurance policy does not cover such a risk. the amounts claimed by the petitioners towards in compensation were also challenged as excessive.7. all the three petitions were ..... sitting by the side of the mechanic. the vehicle met with an unfortunate accident while the mechanic was driving plaintiff, who was a passenger in the bus, received serious injuries. in suit for damages by the injured plaintiff, the government was held liable. the court observed (at p. 291):--'the act of the driver. in entrusting the ..... third petitioner') bled o p. nos. 55 and 58 of 1972 each claiming rs. 9,500/- and rs. 7,500/- respectively, as damages for the bodily injuries and mental agony suffered by each one of them. the respondents in all the three original petitions are common the first respondent, the barium chemicals ltd, which is a .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : I(1999)ACC56; 1998(6)ALD627; 1998(6)ALT473
..... have touched a newheight in india as well as in other parts of the world. traditionally, before court directed payment of tort compensation, the claimant had to establish the fault of the person causing injury or damage. but of late, it shall appear from different judicial pronouncements that the fault is being read as because of someone' ..... the promise.'again the supreme court in kanshiram yadav v. oriental fire and general insurance co., : [1989]3scr811 , reiterated the view expressed in skandia's case (supra) and observed while referring to the said case:'.....there the facts found were quite ..... so that it happens to be driven by an unlicensed driver. (3) the exclusion clause has to be 'read down' in order that it is not at war with the 'main purpose' of the provisions enactedfor the protection of victims of accidents so that the promisor is exculpated when he does everything in his power to keep .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1997(4)ALT783
..... of foot and its disfigurement and the said permanent disability was assessed at 20% to 25%. she preferred the above claim for a total compensation of rs. 10,00,000/- from the owner and insurer of the lorry involved in the accident. the claim was resisted. the tribunal, after due enquiry, found that the accident occurred due to ..... has not incurred any liability in respect of death or bodily injury to any person or damage to property of third party, there is no liability to be covered by the insurer. it is quite apparent that in case of payment of compensation on the principle of 'fault liability', the insurer is bound under the law and the contract of ..... person who has been disqualified for holding or obtaining a driving licence during the period of disqualification; or(iii) a condition excluding liability for injury caused or contributed to by conditions of war, civil war, riot or civil commotion; or(b) that the policy is void on the ground that it was obtained by the non-disclosure of a .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : II(1998)ACC732; 1999ACJ1077; 1998(5)ALD600; 1998(5)ALT271
..... out of and in the course of his employment, of the employee of a person insured by the policy in respect of bodily injury sustained by such an employee arising out of and in the course of his employment other than a liability arising under the workmen's compensation act, 1923 (8 of 1923), in respect of the death of, or bodily ..... by an person who has been disqualified for holding or obtaining adriving licence during the period of disqualification; or(iii) a condition excluding liability for injury caused or contributed to by conditions of war, civil war, riot or civil commotion; or(b) that the policy is void on the ground that it was obtained by the non-disclosure of a material ..... left unattended so that it happens to be driven by an unlicensed driver.(3) the exclusion clause has to be 'read down' in order that it is not at war with the 'main purpose' of the provisions enacted for the protection of victims of accidents so that the promisor is exculpated when he does everything in his power to .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : II(2000)ACC85; 2001ACJ542; 1999(6)ALD256; 1999(5)ALT337
..... in our view cannot also render any assistance to the case of the appellants, and also in view of our conclusions arrived at supra that the insurer is liable to pay compensation under no fault liability.16. from the back-drop under which the provisions providing for no fault liability came to be incorporated in the statute, the ..... xi. clause (c) section 145 defines the word 'liability' as follows:'145. definitions:(a) ......(b) ......(c) 'liability', wherever used in relation to the death of or bodily injury to any person, includes liability in respect thereof under section 140.(d) ......(e) ......(f) ......(g) ......the explanation appended to section 165 is to the following effect:165. claims ..... so that it happens to be driven by an unlicensed driver.(3) the exclusion clause has to be 'read down' in order that it is not at war with the 'main purpose' of the provisions enacted for the protection of victims of accidents so that the promisor is exculpated when he does everything in his power .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1995ACJ86; AIR1994AP338; 1994(2)ALT312
..... (a) of subsection (2) of section 95 limits the liability of an insurer in the case of goods vehicle to a sum of rs. 1,50,000/-. this limit includes its liabilities, if any, arising under the workmen's compensation act, 1923, in respect of the death of, or bodily injury to employees not exceeding six in number, excluding the driver, being carried ..... by any person who has been disqualified for holding or obtaining a driving licence during the period of disqualification; or (iii) a condition excluding liability for injury caused or contributed to by conditions of war, civil war, riot or civil commotion; or (c) that the policy is void on the ground that it was obtained by the non-disclosure of a material fact .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(4)ALD86; 2005(4)ALT524
..... sections 92-a and 95 of the motor vehicles act, 1939 the company shall not be liable in respect of death of or bodily injury to any person in the employment of the insured arising out of and in the course of such employment(c) except so far as is necessary to meet the requirement of section 95 ..... to or arising out of or in connection with flood, typhoon, hurricane, volcanic eruption, earthquake or other convulsion of nature, war, invasion of foreign enemies hostilities or war like operations (whether before or after declaration of war) civil war not strike, mutiny rebellion military or usurped power or by any direct or indirect consequences of any of the said occurrences and ..... vehicles act, 1939 in relation to liability under the workmen's compensation act, 1923.(d) the company shall not be liable in respect of damage to property belonging to or held in trust by or in the custody or control of the insured or a member of the insured's household or being conveyed by the motor vehicle.(e) the .....
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