Agnuru Jaya Ramulu Alias Jaya Ramudu, ... vs Mohammed Afzal Miyan And Anr. on 30 September, 2004
In support of the said contention, the learned counsel has relied on
the judgments of this court in MOHD. RASHEED v.
SUSHEELA AGARWAL AND ANR1 and AGNURU JAYA
RAMULU v. MOHD. AFZAL MIYAN2, wherein it was held that
if the vehicle is carrying more than its seating capacity and if the
1 2006 ACJ 678
2 2006 ACJ 855
4
claimants failed to produce scene of offence panchanama prepared
by the police, the contributory negligence has to be taken into
consideration. But in the instant case, the Tribunal did not take the
contributory negligence into consideration and fasten the liability
solely on the driver of the auto. He further contends that the
Tribunal, having observed that the insured/owner of the auto
violated the terms and conditions of the policy, ought to have
exonerated the insurance company or at least it could have invoked
the principle of pay and recover.