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GITA GOPI
Ambalal Jehabhai Alias Jethabhai Parmar – Appellant
Versus
Rasikbhai J. Patel – Respondent
JUDGMENT :
1. The challenge to the judgment dated 12.10.2018, by Motor Accident Tribunal (Main), Kheda at Nadiyad in M.A.C.P. No.515 of 2010, has been given by the claimant of the proceeding under section 163A of the Motor Vehicles Act, 1988 (for short ‘M.V. Act).
2. Learned advocate Mr. Nishit A. Bhalodi for the appellant submitted that the Tribunal has failed to consider the object of provision of section 163A, and oblivious of the provision, which itself clarifies that the claimant need not plead or establish the death or the permanent disablement in respect of which claim has been made, was due to any wrongful act or neglect or default of the owner of the vehicle or vehicles concerned or of any other person.
2.1 Advocate Mr. Bhaoldi relying on the judgment of United India Insurance Co. Ltd. Vs. Sunil Kumar & Anr., reported in 2018 ACJ 1: [in Civil Appeal No.9694 of 2013], submitted that the Apex Court has clarified that the insurance company cannot raise the defence of negligence on the part of the victim.
3. Learned advocate Mr. Tanmay B. Karia for respondent no.2 submitted that the judgment of National Insurance Co. Ltd. Vs. Sinitha and Others, reported in (2012) 2 SCC 356, was a
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.
Compensation under Motor Vehicles Act Section 163A cannot be denied due to claimant's negligence, aligning with Apex Court precedents to expedite justice.
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.
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.
In claims under Section 163-A of the Motor Vehicles Act, insurers cannot raise defenses of negligence against the claimants.
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.
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