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SANDEEP N. BHATT
United India Insurance Company Limited – Appellant
Versus
Gordhanbhai Bhayabhai Koli – Respondent
JUDGMENT :
1. The present First Appeal, under Section 173 of Motor Vehicles Act, 1988, is preferred by the present appellant- United India Insurance Company Limited, being aggrieved and dissatisfied with the judgment and award dated 15.01.2013 passed by the Motor Accident Claims Tribunal (Main), Rajkot in Motor Accident Claim Petition No. 472 of 2009, by which the Tribunal has awarded compensation of Rs.3,33,500/- with 8% per annum interest to the claimants from the date of filing of application, by holding Opponent Nos.1 to 3 liable, jointly and severally.
2. Brief facts of the case are as under:
2.1 On 04.04.2003, One Chhaganbhai Bijalbhai has expired. The present applicants are the legal heirs of the deceased-Chhaganbhai Bijalbhai. The said accident had occurred when deceased-Chhaganbhai Bijalbhai was serving as a cleaner in the Truck bearing registration No.GJ-3-U-5519. When Truck reached near Kodwa village, Ahmedabad, at that point of time, deceased-Chhaganbhai Bijalbhai felt chest pain and due to heart attack, he died in the vehicle itself. At the time of death, the deceased- Chhaganbhai Bijalbhai was aged about 40 years old and was earning Rs.40,000/- by doing job as a cleaner
The claimants' entitlement to compensation under Section 163A of the Motor Vehicles Act, 1988 was established based on the nexus between the cause of death and the accident, as well as the nature of ....
Compensation under the Motor Vehicles Act requires death to be due to an accident, not solely a natural cause; claims dismissed.
Under Section 163(A) of the Motor Vehicles Act, claimants are not required to prove negligence; the onus lies on the insurer to establish any negligence to deny compensation.
The court emphasized the principle of just compensation under the Motor Vehicles Act, mandating that insurance companies remain liable even if the policy is in the name of a deceased owner, provided ....
: : (1) While compensation should not be assessed very conservatively, yet it should also not be assessed in a liberal fashion so as to make it a bounty to claimant.(2) Conception of “just compensati....
Under Section 163(A) of the Motor Vehicles Act, insurers cannot raise the defense of negligence against claimants, the deceased cannot be treated as a third party if they are related to the vehicle's....
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