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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI: J
Branch Manager, Reliance General Insurance Co. Ltd. – Appellant
Versus
C.M.A.No.2659 of 2021 And C.M.P.No.15200 of 2021 – Respondent
JUDGMENT :
M.Dhandapani, J.
The second respondent before the Motor Accidents Claims Tribunal is the appellant herein. This appeal has been filed against the judgment and decree dated 11.02.2020 passed by the Motor Accidents Claims Tribunal, Special Sub Court No.2 at Salem, in M.C.O.P.No.678 of 2017.
2.The learned counsel appearing for the appellant submitted that the first respondent filed claim petition before the Motor Accidents Claims Tribunal, claiming compensation of Rs.12 Lakhs alleging that on 17.01.2017 at about 9.00 p.m., when the first respondent was riding the motorcycle bearing Registration No.TN 30 BD 9932 along with his uncle's son as pillion rider near Fairlands Venkatachalapathy Temple, a two wheeler bearing Registration No.TN 30 AX 4268 came in a rash and negligent manner and hit the two wheeler driven by the first respondent, due to which, he sustained injuries. After adjudication, the Tribunal awarded a sum of Rs.1,00,000/- as compensation to the claimant along with interest at 7.5% p.a. from the date of the petition till the date of realization with costs and directed the appellant to deposit the amount.
3.The learned counsel appearing for the appellant further subm
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.
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 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, 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 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.
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....
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.
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 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.
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