Back
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
| Table of Content |
|---|
| 1. appellant's claim background and accident details. (Para 1 , 2) |
| 2. arguments by appellant and respondent. (Para 3 , 4 , 5 , 6) |
| 3. judicial observations on section 163-a application. (Para 7 , 8 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. change in law regarding section 163-a. (Para 9) |
| 5. final ruling and order on appeal. (Para 16 , 17) |
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- Insuran
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
