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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
CHANDRA SHEKHAR SHARMA
Bhanwar Singh S/o Shri Banshi Singh Rajput – Appellant
Versus
Ramesh Kumar Sabu S/o Shri Jugal Kishore Sabu – Respondent
ORDER :
CHANDRA SHEKHAR SHARMA, J.
Appellant-claimant– Bhanwar Singh has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, ‘the Act’) against the impugned judgment dated 28.02.2013 passed by Motor Accident Claims Tribunal, Bhilwara (for short ‘the Tribunal’) in claim case No.590/2013 (470/2005) whereby the Tribunal rejected the claim petition filed by the claimant.
2. Brief facts of the case in nut shell are that the appellant- claimant was driving a Maruti Car bearing registration No.RJ14- 01C-9856. At about 12:30 am, when he reached near M.T.M. Mill, an unidentified truck collided with the car, as a result of which the appellant–claimant sustained various injuries of simple as well as grievous in nature. Thus, a claim petition was filed by the appellant-claimant. After service of notice, respondent No.2- Insurance company filed its reply and denied the averments made in the petition. On the basis of the pleadings of the parties, the Tribunal framed following three issues on 12.10.2009:-
In support of his case, the appellant-claimant produced two witnesses and also exhibited-documents. After conclusion of the trial, the Tribunal rejected the claim p
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.
A tortfeasor is ineligible for compensation under Section 163A of the Motor Vehicles Act, as it is designed for victims not responsible for the accident.
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 judgment establishes the principle that in a claim under Section 163-A of the Motor Vehicles Act, claimants are not required to plead or establish wrongful act or neglect of the vehicle owner, an....
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....
Under Section 163A of the Motor Vehicles Act, claimants are entitled to compensation without proving negligence of the deceased.
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