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2008 Supreme(Ker) 428

J.B.KOSHY, K.P.BALACHANDRAN
Baby – Appellant
Versus
Oriental Insurance Co. Ltd – Respondent


Advocates Appeared:For the Petitioner:George Cherian, Advocate. For the Respondents:G. Balamuraleedharan, Advocate.

Judgment :-

Koshy, J.

Husband of the first respondent sustained fatal injuries in a motor accident. While the deceased was riding a Scooter owned by the 6th respondent on 112.1999, accidentally the Scooter dashed at a stone and he fell down from the vehicle and sustained serious head injuries which resulted in his death. His dependents filed an application for compensation under section 163-A of the Motor Vehicles Act. The Tribunal awarded compensation under section 163-A. The insurance of the vehicle was admitted. There was no pleading in the written statement that rider of the vehicle was not covered under the policy. Since there was valid insurance policy of the Scooter, the appellant insurance company was directed to deposit the amount. Contention of the insurance company is that no other vehicle or person was involved in the accident. Since there is no other person involved in the accident, section 163-A is not applicable. There is no finding or contention that the rider of the Scooter was negligent. Accidentally the motor cycle dashed against a stone and he fell down. Section 163-A is based on strict liability principle. The need for section 163-A was explained by the Honble S







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