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B. V. L. N. CHAKRAVARTHI
New India Assurance Company Limited – Appellant
Versus
Maddineni Pushpavathi W/o Late M. Venkatarangaiah – Respondent
JUDGMENT :
B.V.L.N. CHAKRAVARTHI, J.
1. Heard Smt. A. Jayanthi, learned counsel for appellant and Sri B. Siva Kesava Reddy, learned counsel for respondents/claimants who appeared through Video Conference.
2. This appeal is directed by the 2nd respondent/Insurance Company against the award dated 23.08.2011 passed in M.V.O.P. No. 84/2009 on the file of Motor Accidents Claims Tribunal-cum-II Addl. District Judge, Kurnool at Adoni.
3. For the sake of convenience, the parties are arrayed as parties before the learned Tribunal.
4. The application was filed under U/s. 163-A and 166 of Motor Vehicles Act, 1988 claiming compensation of Rs.3,00,000/- for the death of Maddineni Venkata Rangaiah (hereinafter referred as ‘deceased’) in a motor vehicle accident occurred on 28.04.2008 near Pathakothacheruvu village.
5. The case of the claimants is that the 1st claimant is the wife, 2nd claimant is the father, claimants No. 3 and 4 are minor children of the deceased; on 28.04.2008 the 1st claimant as pillion rider, and the deceased as driver were travelling on motor cycle bearing No. AP 02 YY TR 1487 belonging to the 1st respondent, to go to Vaduguru village; they reached the place of accident at about
A borrower of a vehicle steps into the shoes of the owner, disqualifying their legal heirs from claiming compensation against the insurance company.
dependents of the deceased could not have legitimately maintained an application for compensation under Section 163-A of the MV Act, 1988.
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.
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....
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....
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.
Motor Accident - Statutory liability - If claimants are third party, then they are entitled for compensation under S. 140 for no fault liability. Hence, claimants are not entitled for compensation un....
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