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HIGH COURT OF GUJARAT
MR. JUSTICE BIREN VAISHNAV, ACJ, HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK, J
NATIONAL INSURANCE CO. – Appellant
Versus
DR. JAYESH V. RAVAL – Respondent
JUDGMENT :
(HEMANT M. PRACHCHHAK, J.)
1. Feeling aggrieved and dissatisfied with the impugned judgment and award passed by the learned Motor Accident Claims Tribunal (Aux.) & Additional District Court, Patan passed in Motor Accident Claims Petition No. 2532 of 2002, by which, the learned Tribunal has held and directed the original opponent no.3 – National Insurance Company to pay the compensation to the original claimants, the original opponent no.3 – insurer has preferred present First Appeal.
2. The brief facts leading to the present appeal are that, on 28.04.1997, at about 2.00 o’clock in the afternoon, when the deceased Bhartiben was travelling towards Gandhinagar in the Maruti Car bearing registration No.GJ- 2-A-7156 driven by the respondent No.1, at that time, while overtaking a scooter at Gozariya road near village Meu, the scooter came in his way and on sudden application of breaks, he lost control over the Maruti Car and dashed with one tree. As a result, the deceased Bhartiben was thrown out of the Maruti car and sustained serious injuries and died on the spot. The claimants therefore, filed claim petition before the Tribunal under Section 166 of the M.V. Act, claiming comp
The court affirmed that a passenger in a vehicle is entitled to compensation under the insurance policy, regardless of ownership, as long as the policy covers such passengers.
Insurers are obligated to compensate occupants of an insured vehicle under the Motor Vehicles Act, even if those occupants are legal heirs of the driver, affirming their status as third parties.
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.
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....
Compensation claims under Section 163A of the Motor Vehicles Act are not applicable when the deceased is the owner or a relative of the owner of the vehicle involved in the accident.
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