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A. V. RAVINDRA BABU
National Insurance Co. Ltd. – Appellant
Versus
K. R. Nethaji S/o Ramachandra Naidu – Respondent
JUDGMENT :
A.V. RAVINDRA BABU, J.
1. Challenge in this M.A.C.M.A. is to the award, dated 09.08.2016, in M.V.O.P. No. 67 of 2012, on the file of the IX Additional District Judge-cum-Motor Accident Claims Tribunal, Chittoor (“Tribunal” for short), whereunder the Tribunal dealing with claim for compensation made by the claimant for a sum of Rs.5,00,000/- with regard to the injuries received by him, in a motor vehicle accident, which was occurred on 11.05.2011 at 09.35 p.m. awarded a sum of Rs.2,21,109/- as compensation.
2. The parties to this M.A.C.M.A. will hereinafter be referred to as described before the learned Tribunal for the sake of convenience.
3. The case of the claimant before the Tribunal, in brief, according to the averments set out in the Motor Vehicle accident claim, is that:
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.
Point of law: liability under Section 163A of the Act is on the owner of the vehicle as a person cannot be both, a claimant as also a recipient and, therefore, the heirs of the owner could not have m....
Under Section 163(A) of the Motor Vehicles Act, insurers cannot raise the defense of negligence against claimants, the deceased cannot be treated as a third party if they are related to the vehicle's....
The main legal point established in the judgment is the interpretation and application of Section 163(a) of the MV Act, including the maintainability of claim petitions and the insurer's ability to r....
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.
The court emphasized the necessity of applying the structured formula for compensation under Section 163(A) of the Motor Vehicles Act, leading to an enhanced award for the claimant.
Under Section 163(A) of the Motor Vehicles Act, claimants are not required to prove negligence; the onus lies on the insurer to establish any negligence to deny compensation.
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