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IN THE HIGH COURT OF JHARKHAND AT RANCHI
GAUTAM KUMAR CHOUDHARY, J.
Oriental Insurance Co. Ltd. – Appellant
Versus
Nanika Sawaiyan (Dead) – Respondent
| Table of Content |
|---|
| 1. claim for compensation under m.v. act (Para 1 , 2 , 3) |
| 2. insurance company's defense regarding policy coverage (Para 4) |
| 3. contestation of negligence evidence (Para 5 , 6) |
| 4. insurance liability arguments under section 163a (Para 7 , 8) |
| 5. relevance of deceased's intelligence under section 163a (Para 9) |
| 6. deceased cannot be considered a third party (Para 10 , 11) |
| 7. court's order to set aside the impugned order (Para 12 , 13) |
JUDGMENT :
1. Insurance company is in appeal before this Court for being made liable to pay compensation in Compensation Case No. 73 of 2005 for a sum of Rs. 2,92,500/- with simple interest at the rate of 6% per annum from the date of application under Section 163-A of the M.V. Act.
2. As per the case of the claimant, on 15.08.2005 under the instruction of the owner of the motorcycle TVS Victor No. JH-06-B-0336, deceased Krishna Sawaiyan @ Raju was using the vehicle for domestic purpose. When the vehicle reached near Tirilguttu bridge, it met with an accident due to bad road condition. As a result, the vehicle overturned and dashed against a roadside tree. The driver of the vehicle Krishna Sawaiyan @ Raju died in the accident.
3. Claim application w
A driver cannot be deemed a third party under Section 163-A of the MV Act when driving with the owner's instruction, thereby absolving the insurer of liability.
Insurers are not liable for bodily injuries to vehicle owners under Section 147 of the Motor Vehicle Act; thus, claims under Section 163A cannot be entertained if the owner is also a claimant.
The deceased, by causing the accident due to his negligence while riding the motorcycle, stepped into the shoes of the owner of the vehicle, making the claim petition against the insurance company no....
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