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R. VIJAYAKUMAR
Branch Manager, Oriental Insurance Company Ltd. , Rajapalayam – Appellant
Versus
Suja – Respondent
JUDGMENT
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, to set aside the order of the Motor Accident Claims Tribunal Cum Chief Judicial Magistrate, Srivilliputhur made in MCOP.No.19 of 2012 dated 26.04.2014 and allow the appeal.)
1. The appeal has been filed by the Insurance Company challenging an award passed by the Motor Accident Claims Tribunal primarily on the ground of liability.
2. When the deceased Selvaraj was driving a two wheeler, an unknown vehicle coming from the opposite direction which was driven in a rash and negligent manner, had hit against the two wheeler and it had not stopped but proceeded. The said Selvaraj suffered head injury and he passed away on 02.03.2012.
3. According to the claimants, the said Selvaraj was working as a salesman with the first respondent who is the owner of the vehicle. A sum of Rs.1,50,000/- has been spent toward medical expenses and the claimant made a claim of Rs.13,07,880/-.
4. The learned counsel for the second respondent/Insurance Company had filed a counter affidavit contending that the application under Section 163-A of Motor Vehicles Act is unsustainable when there is negligence on the part of
The defense of negligence is not permissible under Section 163(A) of the Motor Vehicles Act, and the entitlement to compensation in hit and run cases can be invoked under this section.
The main legal point established in the judgment is that the insurer cannot raise a defense of negligence in a claim proceeding under Section 163-A of the Motor Vehicles Act.
Entitlement to compensation under Section 163-A requires the deceased to be a third party, and the claimant cannot maintain a claim if the deceased was the tort-feasor.
The central legal point established in the judgment is the requirement to prove negligence against the driver for imposing liability under the Motor Vehicle Act.
Accident claim - Vehicle driven by the claimant is covered by package policy with Limited liability for Personal Accident cover of owner driver. The claimant as paid employee under the owner of the v....
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