Back
ILESH J. VORA
Iffco-Tokio Gen. Ins. Co. Ltd. – Appellant
Versus
Geetaben Wd/o Nileshbhai Babubhai Soni – Respondent
| Table of Content |
|---|
| 1. judgment and award based on insurance claim. (Para 1 , 2) |
| 2. insurance company's contest against liability. (Para 3 , 4 , 5) |
| 3. legal precedent affecting claims under the motor vehicle act. (Para 6 , 7) |
| 4. court's interpretation of statutory provisions and precedents. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 5. final ruling in favor of the insurance company. (Para 14) |
JUDGMENT :
1. This appeal is filed under Section 173 of the Motor Vehicle Act, 1988 by the IFFCO-TOKIO GENERAL INSURANCE COMPANY LIMITED, assailing the judgment and award dated 23.07.2010, in MACP No.1253 of 2005, passed by the Claim Tribunal at Vadodara.
2. According to case of the respondents-claimants that on 20.06.2005, the deceased Nilesh Soni, met with an accident when the motorbike upon which he was riding dashed against the opposite truck involved in the alleged accident, as a result of which, the deceased was succumbed to his injuries. The respondents-claimants being legal heirs and representatives had filed a claim petition invoking Section 163A of the Motor Vehicle Act joining the driver, owner and insurance companies of both the vehicles. Learned Claim Tribunal vide its judgment and award dated 23.07
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.
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....
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....
Liability of the insurance company under Section 163A of the Motor Vehicle Act, 1988 is determined by the principle of no fault liability and the terms and conditions of the insurance policy.
The main legal point established in the judgment is that to claim compensation under 'No Fault Liability' (Section 163A), the victim must be an innocent bystander, and the accident must occur without....
S.163A allows claims for no-fault liability for deaths and injuries, overriding traditional liabilities and compensation limits tied to insurance policies, including claims from the deceased vehicle ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
