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PARTHIVJYOTI SAIKIA
National Insurance Co. Ltd. , Represented By The Chief Regional Manager – Appellant
Versus
Joya Das, W/o. Sri Akshay Das – Respondent
JUDGMENT :
(Parthivjyoti Saikia, J.) :
Heard Mr. R. Goswami, learned counsel representing the appellant as well as Mr. D. Mondal, learned counsel appearing for the Respondent Nos.1 & 2.
2. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 against the judgment dated 21.06.2011 passed by the learned Member, Motor Accident Claims Tribunal, Kamrup, Guwahati in MAC Case No.94/2008.
3. On 12.08.2006, a 22 year old Uzzal Das was driving the motorcycle bearing Registration No.AS- 01-Y-3572. It met with an accident. As a result of which, the rider Uzzal Das died. The said motorcycle was owned by Gautam Roy Choudhury.
4. A claim application under Section 163-A of the Motor Vehicles Act, 1988 (for short, “the Act of 1988”) was filed before the Tribunal seeking compensation on account of the death of the deceased.
5. The appellant Insurance Company contested the claim petition by stating that the deceased was not a third party as because he had stepped into the shoes of the actual owner of the motorcycle.
6. The Tribunal did not accept the plea of the Insurance company and awarded compensation of Rs.2,54,000/- along with interest at the rate of 6% per annum from the date of fi
A borrower of a vehicle, in the event of an accident, steps into the shoes of the owner and cannot claim compensation as a third party under Section 163-A of the Motor Vehicles Act, 1988.
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....
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.
The claimant driving a borrowed vehicle is not entitled to compensation under Section 163-A as they step into the owner's shoes.
Accident claim - Insurance Company has no liability to indemnify the insured in a claim under Section 163A where the driver/rider stepped into the shoes of owner/insured and his status is not that of....
The main legal point established in the judgment is the non-maintainability of a claim under Section 163A of the Motor Vehicles Act, 1988 when the owner himself is involved in the accident.
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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