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HANCHATE SANJEEVKUMAR
G. ROOPA W/O LATE VENKATESH – Appellant
Versus
N. S. KRISHNA MURTHY – Respondent
JUDGMENT :
HANCHATE SANJEEVKUMAR, J.
1. M.F.A. No. 7439 of 2015 is filed by the claimant for seeking enhancement of compensation.
2. M.F.A. No. 1347 of 2015 is filed by the Insurance Company challenging the judgment and award of granting compensation amount of Rs.50,000/- to the claimants.
3. The deceased while driving Maruthi Car bearing registration No. KA-05-Z-9527 towards Bengaluru from Thirupathi on Chittoor-Bengaluru road at about 10.30 a.m., on 16.07.2011 died in an accident due to his own rash and negligent driving. Therefore, the claimant being the wife of the deceased has filed claim petition under Section 163-A of the Motor Vehicles Act (for short, hereinafter referred to as M.V. Act). The Tribunal has awarded a compensation of Rs.50,000/- under Section 140 of the M.V. Act.
4. Therefore, the claimant has preferred the above appeal for seeking enhancement of compensation, whereas, the Insurance Company has filed appeal by contending that under Section 140 of the M.V. Act, the owner alone is liable to compensate but not the Insurance Company. Hence, saddling burden on the Insurance Company to pay the above said compensation is not correct. Hence, the learned counsel appearing f
A borrower of a vehicle is entitled to personal accident coverage under the insurance policy, despite not being the owner.
Motor Accident - Statutory liability - Scope of S. 140 of M.V. Act and no fault liability of payment of compensation and extent of extending benefit under S. 140 of M.V. Act in respect of persons, wh....
The main legal point established is that the Insurance Company, having collected additional premium for P.A. cover, is liable to pay compensation to the claimant, restricted to the maximum coverage u....
The main legal point established is that the Insurance Company is liable to pay compensation for injuries covered under the Personal Accident cover, and admissible medical expenses under the policy, ....
Insurers are not liable for bodily injuries to vehicle owners under Section 147 of the Motor Vehicle Act; thus, claims under Section 163A cannot be entertained if the owner is also a claimant.
When accident occurs due to own fault and negligence Insurance Company would not be liable to pay any compensation.
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