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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MS. JUSTICE REKHA BORANA, J
ORIENTAL INSURANCE COMPANY LIMITED – Appellant
Versus
SMT. JENAB – Respondent
Order :
1. The present appeal has been preferred against the judgment and award dated 29.08.2017 passed by Motor Accident Claims Tribunal, Barmer in Motor Accident Claim Case (Misc. Case) No.279/2014 whereby an award of Rs.4,24,500/- with interest @7% per annum has been awarded in favour of the claimants.
2. Admittedly, the claim petition was filed in terms of Section 163A of the Motor Vehicles Act, 1988 (hereinafter referred to as, ‘the Act of 1988’).
3. Learned counsel for the appellant submits that it was the deceased himself who was negligent for the accident in question and even the challan was filed against him in criminal proceedings. Therefore, even in terms of Section 163A of the Act of 1988, the claimants were not entitled to any award in their favour.
4. Learned counsel further submitted that even the FIR qua the accident was lodged after a delay of 21 days which also is detrimental to the matter in question.
5. Heard learned counsel for the appellant and perused the material available on record.
6. It is not disputed that the accident in question was because of the user of the motor vehicle. Section 163A provides as under:
“163-A. Special provisions as to payment of compensati
Under Section 163A of the Motor Vehicles Act, claimants are entitled to compensation without proving negligence of the deceased.
In claims under Section 163-A of the Motor Vehicles Act, negligence cannot be considered; claimants are entitled to compensation without proof of fault.
Under Section 163-A of the Motor Vehicles Act, the claimants are entitled to compensation without the necessity of proving negligence on the part of the deceased.
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 ....
The main legal point established in the judgment is that the insurer cannot raise a defense of negligence in a claim proceeding under Section 163-A of the Motor Vehicles Act.
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