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NISHA M. THAKORE
SHRIRAM GENERAL INSURANCE CO LTD – Appellant
Versus
TAKHUBEN MAFABHAI MUDHAVA – Respondent
JUDGMENT :
(NISHA M. THAKORE, J.)
1. Present appeal at the instance of Insurance Co. is preferred under Section 173 of the MOTOR VEHICLES ACT , 1988 (for short “the Act”) being aggrieved and dissatisfied with the judgment and award dated 20.01.2022 passed by Motor Accident Claims Tribunal (Auxi.) & 4th Additional District Judge, Ahmedabad (Rural) at Mirzapur, in MACP No.672 of 2013.
1.1 The claimant before the Tribunal is the mother of the deceased Maheshbhai, aged about 18 years at the time of accident, which occurred on 17.02.2013, had approached the Tribunal seeking compensation amount of Rs.8 Lakhs under Section 166 of the Act. The Tribunal had partly allowed the aforesaid claim petition holding the respondent No.1 owner of the offending tractor and the respondent No.2 present appellant – Insurance Co. jointly and severally liable to pay the compensation of an amount of Rs. 4,80,000/- along with simple interest @ 9% p.a. from the date of filing of claim petition till its realization. The Tribunal had further directed to disburse 40% of the award amount to the claimant and remaining 60% of the award amount was directed to be deposited in the name of the claimant with a nationa
The insurance company remains liable for compensation claims even after the death of the insured, as per Section 155 of the Motor Vehicles Act, 1988, provided the claim arises from an event covered u....
The main legal point established in the judgment is the admissibility of claim petitions without impleading the legal heirs of the deceased insured, as provided under Section 155 of the Motor Vehicle....
The onus to prove breach of policy conditions is on the insurer, and the scope of coverage under the insurance policy for personal accidental risk is determined by the terms of the contract of insura....
A borrower of a vehicle steps into the shoes of the owner, disqualifying their legal heirs from claiming compensation against the insurance company.
The deceased, being the son of the vehicle owner, is not considered a third party under the insurance policy, thus the insurer is not liable for compensation.
Point of law: liability under Section 163A of the Act is on the owner of the vehicle as a person cannot be both, a claimant as also a recipient and, therefore, the heirs of the owner could not have m....
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 ....
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