Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SATYEN VAIDYA
Reliance General Insurance Co. Ltd. – Appellant
Versus
Meena Devi – Respondent
| Table of Content |
|---|
| 1. tribunal awarded rs.4,05,500 under section 163a (Para 1 , 2 , 3 , 4 , 6 , 7) |
| 2. insurer argues deceased driver not third party (Para 5 , 9) |
| 3. deceased borrower steps into owner's shoes (Para 8 , 10 , 11) |
| 4. no 163a claim for owner or heirs against own vehicle (Para 12 , 13 , 14) |
| 5. policy provides rs.1 lakh personal accident cover (Para 15) |
| 6. compensation reduced to rs.1,00,000 with interest (Para 16 , 17) |
Judgment :
Satyen Vaidya, J.
This appeal has been preferred under Section 173 of the Motor Vehicles Act, 1988 (for short the Act) against the award dated 5.6.2018, passed by the learned Motor Accident Claims Tribunal-I, Sirmour District at Nahan, H.P. (for short the Tribunal) in MAC Petition No. 252-MAC/2 of 2015, whereby compensation of Rs. 4,05,500/- along with interest at the rate of 7.5% per annum has been awarded in favour of respondents No. 1 to 4 herein (hereinafter referred to as the Claimants) on account of death of Sh. Ram Kumar.
2. On 26.11.2015, at about 11.15 PM deceased Ram Kumar while riding Motorcycle No. HP-17D-0682 met with an accident at Bata Pull Chowk, Paonta Sahib, District Sirmour, with respondent No.5 herein (hereinafter referred to as the Owne
Heirs of deceased borrower-driver cannot claim under Section 163A MV Act against owner/insurer of borrowed vehicle as deceased not third party but in owner's shoes; insurer liable only per personal a....
The onus to prove breach of policy conditions is on the insurer, and the scope of coverage under the insurance policy for personal accidental risk is determined by the terms of the contract of insura....
S.163A allows claims for no-fault liability for deaths and injuries, overriding traditional liabilities and compensation limits tied to insurance policies, including claims from the deceased vehicle ....
A borrower of a vehicle steps into the shoes of the owner, disqualifying their legal heirs from claiming compensation against the insurance company.
Legal heirs of the tort-feasor are not entitled to maintain a claim petition under Section 163-A of the Motor Vehicles Act against the insurer of the motorcycle.
The legal heirs of the deceased, as the tort-feasor, were not entitled to maintain the claim petition under Section 163-A of the Motor Vehicles Act against the appellant-Insurance Company.
dependents of the deceased could not have legitimately maintained an application for compensation under Section 163-A of the MV Act, 1988.
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
