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B. V. L. N. CHAKRAVARTHI
New India Assurance Company Limited – Appellant
Versus
Paramata Raja Sekhar, S/o. Chandra Rao – Respondent
JUDGMENT :
B.V.L.N. Chakravarthi, J.
MACMA 1000/2012 is directed by the 3rd respondent/New India Assurance Company Limited, Rajahmundry, against the order dated 23.08.2010 passed in M.V.O.P.No.278/2008 on the file of Motor Accidents Claims Tribunal- VI Addl.District Judge (FTC), Rajahmundry, East Godavari District.
2. MACMA 2232/2015 is directed by the 4th respondent/ICICI Lombard General Insurance Company Limited, Rajahmundry, against the order dated 23.08.2010 passed in M.V.O.P.No.278/2008 on the file of Motor Accidents Claims Tribunal- VI Addl.District Judge (FTC), Rajahmundry, East Godavari District.
3. For the sake of convenience, the parties are arrayed as parties before the tribunal.
4. The MVOP 278/2008 was filed U/s.166 of Motor Vehicles Act 1988, seeking compensation of Rs.3,03,000/- for the damage of the car of the claimant against the 1st respondent/driver of the lorry bearing No.AP 30T 6081, owner of the lorry/2nd respondent of the lorry bearing No.AP 30T 6081, 3rd respondent/New India Assurance Company Limited/insurer of the lorry bearing No.AP 30T 6081 i.e., appellant in MACMA 1000/2012 and 4th respondent/ appellant in MACMA 2232/2015/ICICI Lombard General Insurance Compa
Claims for own damages are not maintainable under the Motor Vehicles Act, 1988; liability of insurers for third-party property damage is limited to Rs.6,000/- under Act only policies.
The main legal point established in the judgment is that the liability of the insurance company for property damage to a third party is limited to Rs.6,000 under Section 147(2)(b) of the MV Act.
The insurer's liability for third-party property damage is limited to Rs.6,000 under Section 147(2)(b) of the Motor Vehicles Act, 1988.
Insurer's liability for third-party property damage is capped at Rs.6,000 under Section 147(2)(b) of the Motor Vehicles Act, 1988.
The onus to prove breach of policy conditions is on the insurer, and the scope of coverage under the insurance policy for personal accidental risk is determined by the terms of the contract of insura....
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....
The Claims Tribunal lacks jurisdiction to entertain claims by vehicle owners under Section 163A of the Motor Vehicles Act for personal accident coverage, as they do not qualify as third parties.
Claims under Section 163-A of the Motor Vehicles Act are maintainable for fatalities involving occupants of the insured vehicle, allowing strict statutory liability without proving negligence.
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