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M. S. SONAK
Cholamandalam Ms General Insurance Co. Ltd. – Appellant
Versus
Priyanka K. Mayekar – Respondent
JUDGMENT
M.S.SONAK, J. - Heard the learned Counsel for the parties.
2. First Appeal No. 90/2015 challenges the judgment and award dated March 11, 2015, made under sec. 140 of the Motor Vehicles Act, 1988, and First Appeal No. 813/2022(f) challenges the impugned judgment and award dtd. 16/11/2021 made under sec. 166 of the M.V. Act, 1988 (M.V. Act). In addition, the Claimants have filed a cross-objection in First Appeal No. 813/2022(f ), claiming higher compensation. Accordingly, it is only appropriate that a common judgment and order dispose of both these appeals and the cross-objection.
3. Both appeals arise out of Claim Petition No. 120/2013, instituted by the widow and three minor children of the late Kundan Mayekar, who died in a vehicular accident on 8/4/2011. In the award under sec. 140 of the M.V. Act, the Motor Accident Claims Tribunal (Tribunal) awarded compensation of 50,000/- to the claimants. On the other hand, in the award under sec. 166 of the M.V. Act, the Tribunal awarded compensation of Rs.33,70,000.00, with interest at the rate of 9% per annum from the date of the claim petition, till full and final payment, after adjusting the award under sec. 140 of the M.V. Act.
The court emphasized the concept of 'just and fair' compensation under the Motor Vehicles Act, highlighting the importance of providing relief to victims or their families.
The central legal point established in the judgment is the interpretation and application of the provisions of the Motor Vehicles Act to determine the liability of the insurance company in a workmen'....
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.
The main legal point established in the judgment is the interpretation of permit conditions under the Motor Vehicle Act and the liability of the insurance company in a motor accident case.
The liability of the insurer under a statutory policy is restricted to indemnify the insured in respect of claims made by third parties and the owner of goods or their authorized representatives who ....
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