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A. V. RAVINDRA BABU
Bajaj Allianz General Insurance Company Limited – Appellant
Versus
V. Sampoornamma – Respondent
JUDGMENT
A.V. Ravindra Babu, J. - Challenge in this Motor Accident Civil Miscellaneous Appeal is to the Award, dated 16.12.2020, in M.V.O.P. No.227 of 2016 on the file of the Chairman, Motor Accidents Claims Tribunal-cum-X Additional District Judge, Tirupati (for short, 'the Tribunal') whereunder the Tribunal, dealing with the claim of compensation for a sum of Rs.12,00,000/-, on account of the death of Varampati Suresh Kumar Reddy (hereinafter referred to as 'the deceased'), in a motor vehicle accident, which was occurred on 12.10.2012, allowed the claim in part awarding a sum of Rs.7,18,500/- with joint and several liability against the first and second respondents and with a direction to the second respondent to deposit the aforesaid amount within 30 days from the date of Award and apportioned a sum of Rs.5,18,500/- in favour of the first claimant (mother) and Rs.2,00,000/- in favour of the second claimant (elder sister).
2. Appellant herein is no other than the Insurance Company, which was shown as second respondent in the aforesaid M.V.O.P. No.227 of 2016.
3. The parties to this Appeal will hereinafter be referred to as described before the Tribunal, for the sake of convenience.
4
The main legal point established in the judgment is that the deceased, who was driving the motorcycle, could not be considered a third party under Section 163-A of the Motor Vehicles Act, and the cla....
A claimant must be a third party to maintain a claim under Section 163-A of the M.V. Act; a driver cannot claim compensation for injuries sustained while driving their own vehicle.
A borrower of a vehicle steps into the shoes of the owner, disqualifying their legal heirs from claiming compensation against the insurance company.
A borrower of a vehicle cannot claim compensation under Section 163-A of the Motor Vehicles Act as they step into the shoes of the owner and are not considered a third party.
A borrower of a vehicle is not considered a third party under the insurance policy, and the insurance company's liability is limited to the terms of the contract.
Legal heirs of the tort-feasor are not entitled to maintain a claim petition under Section 163-A of the Motor Vehicles Act against the insurer of the motorcycle.
The legal heirs of the deceased, as the tort-feasor, were not entitled to maintain the claim petition under Section 163-A of the Motor Vehicles Act against the appellant-Insurance Company.
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