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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Arun Kumar Rai
National Insurance Company Limited – Appellant
Versus
Usha Devi wife of Late Satrughan Sharma – Respondent
| Table of Content |
|---|
| 1. circumstances surrounding the fatal accident. (Para 3 , 4 , 5 , 6) |
| 2. insurance company's liability and relevant case law. (Para 8 , 9 , 10) |
| 3. analysis of tribunal's findings and ongoing inquiries. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 4. affirmation of tribunal's award and compliance directives. (Para 18 , 19 , 20 , 21) |
JUDGMENT :
Arun Kumar Rai, J.
1. Heard Mr. Amaresh Kumar, learned counsel appearing on behalf of the appellant and Mr. Jitesh Kumar, learned counsel for the respondent no.1 (claimant).
2. The instant Miscellaneous Appeal has been preferred on behalf of appellant-The National Insurance Company Ltd., against the award dated 06.01.2016 passed in Compensation Case No. 67 of 2013, whereby the District Judge III-cum- Motor Vehicles Accident Claim Tribunal, Jamshedpur has allowed the application filed under Section 140 of MOTOR VEHICLES ACT , 1988 (in short, M.V. Act) and awarded compensation of Rs 50,000/- to be paid within 30 days and in case of failure to do so interest @ 12% from the date of award till realization.
Factual matrix of the case
3. Brief facts of the case are that, the deceased Satrughan Sharma was an ex-employee of the Tata Steel. On 11.08
The Motor Vehicles Act mandates that interim compensation must be awarded to dependents without regard to the deceased's third-party status, affirming its welfare-oriented purpose.
Liability of the insurance company under Section 163A of the Motor Vehicle Act, 1988 is determined by the principle of no fault liability and the terms and conditions of the insurance policy.
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.
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....
A borrower of a vehicle is entitled to personal accident coverage under the insurance policy, despite not being the owner.
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