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AP High Court: Lorry owner stays liable as insurance began after the accident, but compensation raised to Rs 4.36 lakh
- Court
- High Court of Andhra Pradesh
- Date of judgment
- 28 September 2026
- Case
- MACMA/2481/2012
- Parties
- V. SIVA REDDY Vs KOPPULA SALEMMA & 2 OTHERS
- Bench
- ALAPATI GIRIDHAR
- Outcome
- Dismissed
Summary
A lorry owner appealed against a tribunal award for the death of an 18-year-old cyclist, arguing his insurance premium was paid on the day of the accident. The High Court found the policy was taken after the accident, so the owner remains liable, but it increased the compensation on its own after finding the tribunal had calculated it wrongly.
What the court held
The Court dismissed the owner's appeal with costs of Rs 20,000 payable to the claimants. The earlier cover note lapsed in July 2002 and the new cover note was issued at 9 p.m. on the accident day, with the owner failing to prove an earlier payment or to examine the insurance agent. Invoking Order 41 Rule 33 CPC, the Court enhanced the award from Rs 2,60,000 to Rs 4,36,400 with 7.5% interest, by applying future prospects, the multiplier of 18 and conventional heads under National Insurance Co. v. Pranay Sethi. The claimants must pay the additional court fee within 30 days.
Key issues
- Was the lorry insured when the accident happened at 1:30 p.m. on 17 August 2002?
- Was the compensation awarded by the Motor Accident Claims Tribunal just, under the Supreme Court's Pranay Sethi principles?
Provisions referred to
- Order 41 Rule 33, Code of Civil Procedure
Read the full judgment (PDF) ↗
Official source: High Court of Andhra Pradesh. The PDF above is a copy from an open dataset of the court's public records.
This summary is prepared for general assistance only. It may contain errors and is not legal advice — rely on the full judgment.