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ARUN BHANSALI
United India Insurance Co Ltd – Appellant
Versus
Geeta Devi – Respondent
JUDGMENT
Arun Bhansali, J. - This appeal is directed against the judgment and award dated 18/2/2021 passed by the Motor Accident Claims Tribunal (First), Jodhpur ('the Tribunal'), whereby, the Tribunal in a claim petition under Section 163A of the Motor Vehicles Act, 1988 ('the Act') has awarded compensation to the tune of Rs.4,58,300/- along with interest @ 6% p.a. from the date of application i.e. 18/12/2014.
2. The application for compensation was filed by the claimants wife, children and parents of one Jagdish under Section 163A of the Act with the averments that on 26/6/2014 Jagdish was driving the trailer bearing registration No. RJ-19-GB-7542 on express highway from Nadiyal to Baroda; at about 2.30 pm when he reached Fatehpur village, another vehicle, which was being driven ahead of his trailer suddenly applied brakes, Jagdish tried to save it, however the vehicles collided and the trailer turned turtle. Jagdish received grievous injuries and died on 28/6/2014. Based on the said averments, compensation to the tune of Rs.4,65,834/- was claimed.
3. Reply was filed by the Insurance Company indicating that the accident occurred on account of rash and negligent driving by deceased J
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....
Section 163A of the Motor Vehicles Act allows compensation to legal heirs of a deceased driver, irrespective of negligence, emphasizing the provision's intent to provide swift compensation.
Under Section 163(A) of the Motor Vehicles Act, claimants are not required to prove negligence; the onus lies on the insurer to establish any negligence to deny compensation.
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