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V. GOPALA KRISHNA RAO
United India Insurance Co. Ltd – Appellant
Versus
Shaik Khadar, S/o. Jani – Respondent
| Table of Content |
|---|
| 1. death compensation claim for accident. (Para 1 , 2 , 3 , 4) |
| 2. dispute on liability due to deceased's negligence. (Para 5 , 6) |
| 3. tribunal’s findings on accident causation. (Para 8 , 10 , 12) |
| 4. insurance company’s liability related to negligence. (Para 13 , 14 , 15) |
| 5. no fault liability under motor vehicles act. (Para 16 , 17) |
| 6. affirmation of tribunal's compensation award. (Para 18 , 19) |
JUDGMENT:
The appellant is second respondent in M.V.O.P.No.1021 of 2009 on the file of the Motor Vehicles Accidents Claims Tribunal (Additional District Judge-cum-Judge, Family Court), Guntur, and the respondents are the petitioners and R1 in the said case.
2. Both the parties in the appeal will be referred to as they are arrayed in claim application.
3. The claimants filed a Claim Petition under section 163-A of MOTOR VEHICLES ACT against the respondents, praying the Tribunal to award an amount of Rs.1,50,000/- towards compensation for the death of unmarried 22 years old Tractor Mechanic in a Motor Vehicle Accident occurred on 26.10.2008 at 11.30 PM.
4. The case of the claimants is that on 26.10.2008, the deceased was coming from Telagapalem village of Ponnur Mandal after dropping h
A driver cannot be deemed a third party under Section 163-A of the MV Act when driving with the owner's instruction, thereby absolving the insurer of liability.
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.
Compensation under Section 163A of the Motor Vehicles Act can be granted without strict proof of negligence, and the involvement of the vehicle in the accident must be established to determine compen....
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