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N. ANAND VENKATESH
C. Janaki – Appellant
Versus
K. Kanniyappan – Respondent
JUDGMENT :
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, against the judgment and decree dated 24.09.2018 made in MCOP No.902 of 2012 on the file of the Motor Accident Claims Tribunal, (VI Small Causes Court), Chennai.
The instant appeal has been filed by the claimants whose claim petition came to be rejected under Section 163A of the Motor Vehicles Act, (herein after called as “Act”) and the claimants were granted compensation only under Section 140 of the Act to the tune of Rs.50,000/-
2. The claimants who are the wife and the children of the deceased Chandran filed the claim petition before the Tribunal on the ground that on 10.07.2011, when the deceased was riding his two wheeler towards Chengalpattu and at about 22:40 hours near Thirukazhukundram Road, an Auto was driven in a rash and negligent manner and it dashed against the two wheeler and thereby, the deceased sustained fatal injuries and he succumbed to the injuries. It is under these circumstances, the claimants filed the claim petition under Section 163A of the Act seeking for payment of compensation from the 2nd respondent Insurance Company in which the auto was insured.
3. The Tribu
A tortfeasor is ineligible for compensation under Section 163A of the Motor Vehicles Act, as it is designed for victims not responsible for the accident.
In claims under Section 163-A of the Motor Vehicles Act, negligence cannot be considered; claimants are entitled to compensation without proof of fault.
The main legal point established in the judgment is that under Section 163A of the Motor Vehicles Act, the claimant is not required to plead or establish the wrongful act, neglect, or default of the ....
Under Section 163-A of the Motor Vehicles Act, the claimants are entitled to compensation without the necessity of proving negligence on the part of the deceased.
In claims under Section 163-A of the Motor Vehicles Act, insurers cannot raise defenses of negligence against the claimants.
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.
Under Section 163-A of the Motor Vehicles Act, claimants are entitled to compensation without proving the victim's negligence, as legislative intent prioritizes expedited resolution over fault determ....
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