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S.MANIKUMAR
BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. – Appellant
Versus
C. RAMESH – Respondent
What is the legal framework for no-fault vs fault-based liability under sections 140 and 163-A of the Motor Vehicles Act as it applies to claims under personal accident cover for owner-drivers? What is the entitlement of owner-drivers or legal representatives to compensation under personal accident cover when additional premium is paid vs when it is not paid? How does section 163-A interact with other sections (166, 140) and what is the jurisdiction of the Claims Tribunal vs consumer forums for personal accident claims?
Key Points: - (!) (!) (!) (!) (!) (discussion of no-fault liability under section 140 and fixed compensation) - (!) (!) (!) (!) (interpretation and no-overriding effect of 163-A and its fault vs no-fault characterization) - (!) (!) (!) (comparison of 140 and 163-A to classify liability as fault-based or no-fault) - (!) (!) (legislative intent and overriding effect of 163-A) - [21001290280101] (!) - (!) (personal accident cover scales and entitlement when premium is paid) - [21001290280093] (!) - (!) (jurisdiction for personal accident cover claims and interplay with tribunals/consumer forum) - [21001290280087] (!) (benefits when personal accident cover is applicable to owner-driver) - [21001290280093] (position that personal accident cover can extend to other injuries beyond scheduled items if the policy permits)
S. MANIKUMAR, J.
1. Liability fastened on the insurance company to pay compensation to the respondent-claimant, an owner-cum-driver, under personal accident cover policy is challenged in this appeal. It is the case of the respondent that on 31.10.2005, about 1830 hours, when he was riding a motor cycle, bearing registration No. TN 40-Y 4883, on Bhavani Sagar to Puliyampatti Road, near Thoppampalayam, from north to south, due to heavy rain, there was stagnation of water and, therefore, he drove the motor cycle at a moderate speed and while applying brakes, the vehicle skidded, he fell down, along with the pillion rider. He sustained injuries in the left shoulder and other parts of the body. He was admitted in Ganga Hospital, Coimbatore. A case in Cr. No. 218 of 2005 was registered for offences under sections 279 and 337, Indian Penal Code, on the file of Bhavani Sagar Police Station. At the time of accident, respondent-claimant was working as a driver and earned Rs. 6,000 per month. For medical and other expenses, disability and under other heads, he claimed compensatio
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