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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.Subramanian, P.T. Asha
Tata AIG General, Insurance Company Limited – Appellant
Versus
Shanmugam – Respondent
JUDGMENT :
P.T. ASHA, J.
This Civil Miscellaneous Appeal has been filed challenging the judgment dated 06.07.2020 passed in MCOP.No.404 of 2013 by the Motor Accident Claims Tribunal, (Court of Subordinate Judge), at Sangagiri.
2. The following questions have been referred to us, as the learned Judge had entertained a doubt on account of two sets of conflicting judgments with regard to the invocation of the jurisdiction of the Claims Tribunal constituted under Section 165 of the MOTOR VEHICLES ACT , 1988 for claiming compensation for the injuries/death of the owner of the vehicle under Section 163A.
"1.Whether the owner/ insured is entitled to approach the Motor Accident Claims Tribunal by filing claim petition by invoking Section 163-A of the MOTOR VEHICLES ACT , seeking compensation for the injuries sustained by relying on the personal accident coverage?
2. If the owner/insured is entitled to approach the Motor Accident Claims Tribunal for claiming compensation for the injuries sustained by him on the basis of personal accident cover, is he entitled to get compensation for the injuries which is not described in the schedule of injuries under Section 4 of The Personal Accident Cover o
The Claims Tribunal lacks jurisdiction to entertain claims by vehicle owners under Section 163A of the Motor Vehicles Act for personal accident coverage, as they do not qualify as third parties.
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.
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....
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.
A vehicle owner cannot file a compensation claim under Section 163A of the Motor Vehicles Act for injuries sustained while using their own vehicle.
The main legal point established in the judgment is that to claim compensation under 'No Fault Liability' (Section 163A), the victim must be an innocent bystander, and the accident must occur without....
An owner/injured person cannot file a claim under Section 163A of the Motor Vehicles Act against the insurer, 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 step into the shoes of the owner and are not considered a third party.
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