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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Shoba Annamma Eapen, J
Suresh S/o Koragappa Shetty – Appellant
Versus
Vasantha Shetty S/o Ramayya Shetty – Respondent
| Table of Content |
|---|
| 1. paid-driver entitlement under 163a contested; higher bench decisions influence interpretation. (Para 1 , 6 , 7 , 8 , 9 , 10) |
| 2. factual background and procedural history culminating in tribunal dismissal. (Para 2 , 3 , 4) |
| 3. judicial reasoning on scope of 163a; negligence limitations and interpretation of third-party status. (Para 5 , 11) |
| 4. outcome: appeal dismissed; no compensation under 163a for paid driver. (Para 12) |
JUDGMENT :
SHOBA ANNAMMA EAPEN, J.
1. Whether a paid driver can be treated as a third party and whether compensation can be awarded for the injuries sustained to him, in a claim petition filed under Section 163A of the Motor Vehicles Act, 1988 , is the question to be decided in this appeal.
2. This appeal has been filed by the claimant in OP(MV) No.15 of 2001 on the file of the Motor Accidents Claims Tribunal, Kasaragod. The respondents herein were the respondents before the tribunal.
3. The case of the appellant/claimant is that on 14.06.1997, while he was driving a jeep bearing Reg.No.KL-14-4373 from Mangalore to Kasaragod, it hit against a bus bearing Reg.No.KL- GA/01/T/8879, whereby he sustained serious injuries. He approached the tribunal claiming a
Section 163A allows compensation to a third party without fault, but a paid driver is not a third party; he steps into the owner's shoes and cannot claim under 163A; insurer is not liable; remedy lie....
A driver can maintain a claim for compensation under Section 163A of the Motor Vehicles Act, irrespective of negligence, as established by the Supreme Court.
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.
Negligence is not relevant for determining a claim under Section 163A of the Motor Vehicles Act, and the protection under this provision is extended only to the injured person or the legal heirs of t....
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