Back
C. JAYACHANDRAN
Zeenath Salam, W/O. P. K. Salam – Appellant
Versus
Najeeb – Respondent
JUDGMENT :
In a claim under Section 163A of the Motor Vehicles Act, whether the absence of the owner and the insurer of the offending vehicle is fatal is the important question raised in this appeal.
2. The essential facts :-
Autorickshaw bearing No. KL 07 AC 2202 (hereinafter referred to as 'auto A', for short), in which the petitioner/injured was travelling collided with another autorickshaw bearing No.KL 7Z 1162 (hereinafter referred to as 'auto B', for short), with the result, the petitioner sustained serious injuries. The Tribunal, in the impugned order, found on the strength of Ext.B4 final report, that the accident occurred on account of the negligence of the driver of auto B, the offending vehicle and in the absence of the owner and the insurer of that vehicle in the party array, liability cannot be mulcted on the owner and insurer of auto A, in which the injured was travelling. As per the judgment of this Court in New India Assurance Co. Ltd. v. Pazhaniammal [2011 (3) KLT 648], the findings recorded in the charge sheet can be taken as prima facie evidence of negligence
It cannot be recognized as an absolute proposition of law that a third party passenger in a hired vehicle can only claim compensation from owner/insurer of offending vehicle.
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....
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....
Accident claim - Accident has occurred due to use of a motorcycle it would be irrelevant as to who was the rider of the vehicle and the victim of the accident would have to be compensated as per the ....
The main legal point established in the judgment is that under Section 163A of the Motor Vehicles Act, the claimant is not required to plead or establish the wrongful act, neglect, or default of the ....
The main legal point established in the judgment is the interpretation and application of Section 163(a) of the MV Act, including the maintainability of claim petitions and the insurer's ability to r....
Under Section 163-A of the Motor Vehicles Act, claimants are entitled to compensation without proving the victim's negligence, as legislative intent prioritizes expedited resolution over fault determ....
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
