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2018 Supreme(Kar) 333

R.DEVDAS
Sangeetha W/o Late Subramani – Appellant
Versus
Krishna Chari S/o Puttachari – Respondent


Advocates Appeared:
For the Petitioners:Sri. A.K. Bhat & Sri. Gopalakrishna. N, Advocates For Sri. K. N. Harish Babu & Assts, Advocates.
For the Respondents: Sri. S. V. Hegde Mulkhand, Adv.

JUDGMENT :

1. Whether the rider of a two wheeler, not being the owner, can claim compensation as "Third Party", for an accident where no other vehicle is involved?

2. This is the question that requires consideration in all these appeals. Since a common question in involved in all these appeals, the matters were heard together and are disposed of by this common judgment.

3. Sri A.K. Bhat, learned counsel has led the arguments on behalf of claimants appellants and Sri. B.C. Seetharama Rao, learned counsel has led the arguments on behalf of the Insurer/respondents. Sri S.V. Hegde Mulkand, learned Counsel has also submitted his arguments on behalf of the Insurer respondent No.2 in MFA No.5537/2011.

4. The undisputed facts in all these matters are that the two wheelers were ridden by persons who were not the registered owners and there were no other vehicles involved in the accidents and the claim petitions were filed under Section 163A of the Motor Vehicles Act, 1988 (‘M.V. Act’ for short). The owners and Insurers of the vehicles were arrayed as respondents in each of the petitions. The insurance policies were valid as on the date of the accident and the respective riders were holding vali

































































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