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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
VENKATESH NAIK T
Manager The New India Assurance Co. Ltd. – Appellant
Versus
Vanaja W/o Late K.H. Haleshappa – Respondent
JUDGMENT :
1. This appeal is filed by the Insurance Company challenging the judgment and award passed by the Tribunal arising out of common judgment and award dated 12-04-2014 passed in MVC No.161 of 2011 on the file of the Senior Civil Judge and MACT, Channagiri, Davanagere District, on the ground of liability.
2. For the sake of convenience, the parties are referred to as they are referred to in the claim petition before the Tribunal.
3. The brief facts of the case of the claimant and the Insurance Company are as under:
On 29-6-2011 at 7:30 p.m., deceased K.H. Haleshappa was proceeding on a Bajaj Discovery Bike bearing Registration No.KA-17 EE-1064 from Channagiri to his native place Kempaiyana Thokkallu and when he reached near Dondraghatta Village on NH-13, due to skid, he lost control over the vehicle, slipped from bike, fell down and sustained grievous injuries, he was taken to Manipal Hospital for treatment, however, he succumbed to the injuries on 30.06.2011. Thereafter, a complaint was registered in crime No.145 of 2011 which led to investigation and charge sheet.
4. It was contended by the claimant before the Tribunal that Haleshappa was earning a sum of Rs.5,00,000/- per annu
In claims under Section 163(A) of the Motor Vehicles Act, insurers cannot use negligence of the claimant as a defense, adhering strictly to no-fault liability principles.
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, the claimants are entitled to compensation without the necessity of proving negligence on the part of the deceased.
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 ....
In proceedings under Section 163-A of the MV Act, the insurer cannot raise any defense of negligence on the part of the victim to counter a claim for compensation.
In a claim under Section 163-A of the M.V. Act, proof of negligence is not required; the mere involvement of the vehicle is sufficient for compensation.
The main legal point established in the judgment is that the defense of negligence by the insurance company is not permissible in a claim proceeding under section 163A of the Motor Vehicles Act.
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