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REKHA BORANA
Universal Sompo General Insurance Co. Ltd. – Appellant
Versus
Pushpa Kanwar W/o Late Shri Prem Singh – Respondent
ORDER :
1. The present appeal has been preferred against the impugned judgment and award dated 22.11.2023 passed by Motor Accident Claims Tribunal, Bikaner in MAC Case No.219/2022 (CIS No.219/2022) whereby the claim petition as preferred under Section 163-A of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘the Act’) was allowed and a sum of Rs.5,00,000/-with interest @ 9% per annum had been awarded in favour of the claimants.
2. At this stage itself, it is relevant to note that although the claim petition was preferred by the claimants in terms of Section 163-A of the Act (as it then existed), the learned Tribunal proceeded on to decide the same in terms of the amended provision of Section 164 of the Act on the premise that the Motor Vehicles (Amendment) Act, 2019 (hereinafter referred to as ‘the Act of 2019’) had come into effect from 01.09.2019 and hence, the present appeal would be governed by the amended provision.
3. Admittedly, the vehicle in question was driven by deceased Prem Singh who was found to be negligent in the police investigation but because of his death, a final report was filed.
4. Mr.Vishal Singhal, learned counsel for the appellant Insurance Company ra
In claims under Section 163-A of the Motor Vehicles Act, insurers cannot raise defenses of negligence against the claimants.
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 ....
Claimants are entitled to compensation under amended Motor Vehicles Act without proving negligence, with the retroactive application of compensation limits.
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....
In claims under Section 163-A of the Motor Vehicles Act, negligence cannot be considered; claimants are entitled to compensation without proof of fault.
The main legal point established in the judgment is that the defense of negligence by the insurance company is not permissible in a claim proceeding under section 163A of the Motor Vehicles Act.
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 ....
In proceedings under Section 163-A of the MV Act, the insurer cannot raise any defense of negligence on the part of the victim to counter a claim for compensation.
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