Back
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Dr. V.R.K. Krupa Sagar, J
Kotepalli Sambasiva Rao – Appellant
Versus
Vadlamudi Vikram Anor – Respondent
| Table of Content |
|---|
| 1. counsel arguments for claimant and insurance company (Para 2) |
| 2. details of the accident and claim (Para 3) |
| 3. issues settled by claims tribunal (Para 4) |
| 4. testimonies and evidence presented (Para 5) |
| 5. claims tribunal's findings on injuries (Para 6) |
| 6. claimant's appeal arguments (Para 7 , 8) |
| 7. insurance company's counterarguments (Para 9) |
| 8. key point for consideration (Para 10) |
| 9. undisputed facts of the case (Para 11 , 12) |
| 10. claimant's admission of ownership (Para 13 , 14 , 15) |
| 11. court's ruling on compensation claims (Para 16 , 17) |
| 12. court's final ruling on appeal (Para 18) |
JUDGMENT :
The injured claimant preferred this Appeal under Section 173 of the Motor Vehicles Act, 1988 assailing the award dated 22.03.2005 of the learned Chairman, Motor Accidents Claims Tribunal (II Additional District Judge), West Godavari District, Eluru (hereinafter referred to as ‘the Claims Tribunal’) in O.P.No.413 of 1999.
2. Heard arguments of Sri B.V.Krishna Reddy, the learned counsel appearing on behalf of Sri Naram Nageswara Rao, the learned counsel for appellant and Smt. S.A.V. Ratnam, the learned counsel for respondent No.2-Insurance Company.
3. The following facts are required to
A claimant cannot seek compensation for injuries sustained due to his own negligent driving, as he is not considered a third party under the Motor Vehicles Act.
An owner/injured person cannot file a claim under Section 163A of the Motor Vehicles Act against the insurer, as they do not qualify as a third party.
The owner of a vehicle is not entitled to compensation under the insurance policy for personal injuries sustained in an accident.
A vehicle owner cannot file a compensation claim under Section 163A of the Motor Vehicles Act for injuries sustained while using their own vehicle.
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.
An owner of a vehicle cannot claim compensation under the Motor Vehicles Act as they are not considered a third party.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
