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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice M.DHANDAPANI
National Insurance Company Limited – Appellant
Versus
B. Krishnamoorthy – Respondent
JUDGMENT :
(M. DHANDAPANI, J.)
Challenging the judgment and decree dated 07.04.2021 passed in MCOP.No.1029 of 2019 by the Motor Accident Claims Tribunal (Chief Judge, Court of Small Causes) at Chennai, the appellant has come up with this appeal.
2. It is the case of the claimants/1st and 2nd respondents that, on 17.04.2018 at about 8.30 hours, when the deceased Rajesh Khanna was riding the motor cycle bearing Regn.No.TN-55-AX-7540 owned by the 3rd respondent insured with the appellant herein along with the son of the 3rd respondent in Chennai-Madurai National Highway from south to north direction at Puduppatti Koot Road, near Viralimalai due to bad maintenance of the vehicle, the handle bar struck, dragged and skidded, due to which the deceased sustained head injury and other multiple injuries and succumbed to the same. Thereby, the 1st and 2nd respondents/claimants, who are the parent of the deceased filed a claim petition claiming a compensation of Rs.30,00,000/-. Before the tribunal, the claimants examined two witnesses viz., P.W.1 and P.W.2 and marked exhibits P.1 to P.16 and on the side of the appellant-insurer, the Inspector of Viralimalai Police Station was examined as R.W.1 an
A borrower of a vehicle, lacking a valid driving license, cannot claim compensation under Section 166 of the Motor Vehicles Act as they do not qualify as a third party.
A borrower of a vehicle cannot claim compensation under Section 163 A of the Motor Vehicles Act as they do not qualify as a third party entitled to statutory benefits, reinforcing strict adherence to....
A borrower of a vehicle cannot claim compensation under Section 163-A of the Motor Vehicles Act, as they do not qualify as a third party entitled to benefits under this provision.
A borrower of a vehicle cannot claim compensation under Section 163A of the Motor Vehicles Act as they do not qualify as a third party.
Motor Accident - Respondent/claimant is not covered under the M.V. Act as the injured/claimant stepped into the shoes of the owner of the vehicle in question. Thus, he cannot be stated to be third pa....
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....
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 is not entitled to claim compensation under Section 163-A of the Motor Vehicles Act, 1988, nor under personal accident coverage unless specific conditions are met.
A borrower of a vehicle steps into the shoes of the owner, disqualifying their legal heirs from claiming compensation against the insurance company.
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