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RADHAKISHAN AGRAWAL
Harish Kumar Sahu S/o Hemlal Sahu – Appellant
Versus
Laxmi Sahu W/o Harish Sahu – Respondent
JUDGMENT ON BOARD :
1. This appeal has been filed by the appellant/claimant being aggrieved by the impugned award dated 30.10.2015 passed by the 5th Additional Motor Accident Claims Tribunal, Bilaspur (C.G.) (for short, 'the Tribunal) in Claim Case No.43/14, whereby the Tribunal has dismissed the claim petition filed by the claimant/appellant under Section 163-A of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act, 1988).
2. Briefly stated the facts of the story is that on 12.09.2012, the appellant/claimant, who was driving the motorcycle bearing registration No.CG- 12-AA-2292 (for short, the offending motorcycle), was coming from Jaijaipur to Paladi, met with a vehicular accident near Darrabhata main road, owing to which, he received injuries on his head, both hands, leg, ear and other parts of the body. Matter was reported to Baradwar Police Station. Thereafter, the injured/claimant was referred to Primary Health Center, Baradwar and then was treated at Apollo Hospital, Bilaspur and Narayana Hospital, Raipur. At the time of accident, respondent No.1, being wife of the claimant, was registered owner of the offending motorcycle whereas respondent No.2 was insurer of th
The main legal point established in the judgment is the non-maintainability of a claim under Section 163A of the Motor Vehicles Act, 1988 when the owner himself is involved in the accident.
The Claims Tribunal lacks jurisdiction to entertain claims by vehicle owners under Section 163A of the Motor Vehicles Act for personal accident coverage, as they do not qualify as third parties.
Motor Accident - Respondent/claimant is not covered under the M.V. Act as the injured/claimant stepped into the shoes of the owner of the vehicle in question. Thus, he cannot be stated to be third pa....
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.
The liability of the insurance company under Section 163-A of the Motor Vehicles Act, 1988 is not applicable when the owner of the vehicle is driving and no other vehicle is involved in the accident.
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