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AHSANUDDIN AMANULLAH, K. VINOD CHANDRAN
A. Jyothi – Appellant
Versus
ICICI Lombard General Insurance Company Area Manager – Respondent
| Table of Content |
|---|
| 1. accident caused by negligence resulting in death (Para 2) |
| 2. insurance claim limitations under mv act (Para 3) |
| 3. interpretation of section 163a mv act (Para 4) |
| 4. direction on appeal and compensation release (Para 5 , 6) |
ORDER :
1. Leave granted.
2. The appellants were the claimants before the Motor Accident Claims Tribunal-XXIV-cum-Additional Chief Judge, City Civil Court at Hyderabad. They filed for compensation on account of the death of one A. Srinivas Rao, caused in a road accident which occurred on 12.08.2005. The first claimant is the wife, the second and third claimants are the sons, and the fourth claimant is the father of the deceased. The deceased was driving a car in which his family was also travelling. To avoid a motorcyclist, coming from the opposite direction rashly and negligently, the car was swerved when it hit a culvert. The driver of the car was admitted to the hospital, and he died after about two and half months on 26.10.2005, succumbing to the injuries caused in the accident.
3. The family of the deceased, the appellants filed the claim petition. Despite finding that the accident occurred due to the rash and negligent driving of the car, which w
Section 163A of the Motor Vehicles Act allows compensation claims regardless of the tortfeasor's status, underscoring no-fault liability for insured drivers in motor accidents.
S.163A allows claims for no-fault liability for deaths and injuries, overriding traditional liabilities and compensation limits tied to insurance policies, including claims from the deceased vehicle ....
Motor Insurance – Limits of liability – When there is a valid policy issued in name of vehicle involved in accident, claim under Section 163A of Motor Vehicles Act, 1988 covers every claim and is not....
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