Back
N. S. SANJAY GOWDA
Vithal, S/O Pundalik Jivai – Appellant
Versus
Parashuram, S/O Changappa Halagekar – Respondent
JUDGMENT :
1. This appeal is filed challenging the dismissal of claim petition under Section 163A of the Motor Vehicles Act, 1988 (hereinafter referred to as “the MV Act”, for short).
2. The case put forth by the Tribunal was that the claimant and his wife were proceeding on a motorcycle and since a dog suddenly came across their path, the claimant lost control and both of them fell off the motorcycle and as a result of this fall, the claimant and his wife sustained grievous injuries and ultimately his wife succumbed to the same.
3. The claimant contending that his wife was working as a medical assistant on a salary of Rs.4,000/- per month initiated proceedings under Section 163A of the MV Act.
4. The Tribunal has by the impugned order dismissed the claim petition on the ground that the claimant had borrowed the vehicle and since the accident had occurred when he was riding this borrowed motorcycle, he had stepped into shoes of the owner and was therefore himself liable to pay the compensation.
5. The question that arises for consideration in this appeal is as to whether the claimant would be disentitled to compensation for the death of a pillion rider, who was his wife, on the prem
Accident claim - Accident has occurred due to use of a motorcycle it would be irrelevant as to who was the rider of the vehicle and the victim of the accident would have to be compensated as per the ....
It cannot be recognized as an absolute proposition of law that a third party passenger in a hired vehicle can only claim compensation from owner/insurer of offending 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 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....
The main legal point established in the judgment is that under Section 163A of the Motor Vehicles Act, the claimant is not required to plead or establish the wrongful act, neglect, or default of the ....
The main legal point established in the judgment is that to claim compensation under 'No Fault Liability' (Section 163A), the victim must be an innocent bystander, and the accident must occur without....
Under Section 163-A of the Motor Vehicles Act, claimants are entitled to compensation without proving the victim's negligence, as legislative intent prioritizes expedited resolution over fault determ....
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
