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R. SAKTHIVEL
Divisional Manager, National Insurance Company Ltd. – Appellant
Versus
M. Thamizharasi W/o. Murugan – Respondent
JUDGMENT :
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the award dated 23.12.2021 made in M.C.O.P. No. 2076 of 2017 on the file of the Motor Accidents Claims Tribunal (I Additional District & Sessions Judge), Cuddalore.
This Civil Miscellaneous Appeal is directed against the Award dated 23.12.2021 made in M.C.O.P. No. 2076 of 2017 on the file of the ‘Motor Accidents Claims Tribunal (I Additional District and Sessions Judge), Cuddalore’ [henceforth 'Tribunal']. The appellant herein is the 2nd respondent before the Tribunal.
2. For the sake of convenience, the parties will henceforth be referred to as per their array before the Tribunal.
Petitioners’ case:-
3. The 1st petitioner is the wife, the 2nd petitioner is the son and the 3rd petitioner is the mother of the deceased - Murugan. The case of the petitioners is that on 02.01.2017 at about 15.00 hours, the deceased - Murugan was riding the 1st respondent's Hero Passion Pro Motorcycle bearing Registration No. TN-31-BD-9299 from East to West, at a moderate speed, keeping extreme left on Kullanchavadi to Alapakkam Road. While approaching Venkatammalpuram Bus Stop, the deceased swerved
A borrower of a vehicle cannot claim compensation under Section 163-A of the Motor Vehicles Act as they step into the shoes of the owner and are not considered a third party.
A borrower of a vehicle steps into the shoes of the owner, disqualifying their legal heirs from claiming compensation against the insurance company.
A claimant must be a third party to maintain a claim under Section 163-A of the M.V. Act; a driver cannot claim compensation for injuries sustained while driving their own vehicle.
The main legal point established in the judgment is the interpretation and application of Section 163(a) of the MV Act, including the maintainability of claim petitions and the insurer's ability to r....
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.
A claimant who is a permissive user of a vehicle cannot maintain a compensation claim against the owner or insurer under Section 163A of the Motor Vehicles Act.
Point of law: liability under Section 163A of the Act is on the owner of the vehicle as a person cannot be both, a claimant as also a recipient and, therefore, the heirs of the owner could not have m....
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