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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI
TATA AIG General Insurance Company Limited – Appellant
Versus
Geetha – 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 27.02.2020 passed by the Motor Accidents Claims Tribunal (Special District Court) at Villupuram, in M.C.O.P.No.31 of 2016.
2.The learned counsel appearing for the appellant submitted that the dependants of the deceased/ claimants filed claim petition before the Motor Accidents Claims Tribunal, claiming compensation of Rs.10 Lakhs alleging that on 24.10.2012 at about 6.30 p.m., when the deceased Tamilvelan alias Velu was riding the motorcycle bearing Registration No.TN 32 H 0450 in Trichy to Villupuram Road near T.V.S.Company, a cyclist suddenly crossed the road and inorder to avoid accident, the deceased applied brake, however, the motorcycle dashed against the bicycle, due to which, the deceased fell down and sustained fatal injuries. After adjudication, the Tribunal awarded a sum of Rs.4,24,500/- as compensation to the claimants along with interest at 7.5% p.a. from the date of the petition till the date of deposit with costs and directed the appellant to deposit the amount.
3.The learned counsel appear
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 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, 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.
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 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 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 vehicle owner cannot file a compensation claim under Section 163A of the Motor Vehicles Act for injuries sustained while using their own vehicle.
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