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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
| Table of Content |
|---|
| 1. jurisdiction of claims tribunal under section 163a (Para 1 , 2) |
| 2. facts of the road accident and compensation claim (Para 3 , 4) |
| 3. conflicting judgments on claims tribunal jurisdiction (Para 5 , 6 , 19) |
| 4. framework of the motor vehicles act and its amendments (Para 7 , 8 , 12 , 13) |
| 5. key legal questions regarding the invocation of the tribunal's jurisdiction. (Para 9) |
| 6. owner/insured cannot claim under section 163a (Para 25) |
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 MO
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....
Personal Accident coverage claims cannot be filed under Section 166 if the claimant is the vehicle owner; such claims are contractual and not statutory.
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.
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