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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
L. VICTORIA GOWRI
Branch Manager, ICICI Lombard Insurance Co. Ltd. – Appellant
Versus
Shakila Begum – Respondent
| Table of Content |
|---|
| 1. background facts of the accident and claim. (Para 1 , 3) |
| 2. arguments by appellant and respondent. (Para 4 , 5) |
| 3. court's observations on existing judgments. (Para 6 , 7) |
| 4. interpretation of section 163a of the act. (Para 8) |
| 5. conclusion and order by the court. (Para 9 , 10) |
JUDGMENT :
L. VICTORIA GOWRI, J.
This Civil Miscellaneous Appeal has been filed challenging the order made in M.C.O.P.No.913 of 2020 dated 06.10.2023 on the file of the Motor Accident Claims Tribunal cum Special District Judge No.II, Thiruchirappalli.
2. For the sake of convenience, the parties herein are referred to, as per their rank before the Tribunal.
3. The brief facts in a nutshell are as follows:
(i) The petitioners are the legal heirs of the deceased. The first respondent is the owner of the vehicle involved in the accident and the second is the insurance company with which the vehicle involved was insured. The petitioners are the parents of the deceased Mohamed Thoufeek, who was 21 years old at the time of the accident.
(ii) On 21.10.2019 at about 8:30 a.m., while the deceased was riding his two-wheeler motorcycle bearing Registration No.TN-06-8571 from his residence to his college, while t
A vehicle owner cannot file a compensation claim under Section 163A of the Motor Vehicles Act for injuries sustained while using their own vehicle.
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.
Personal Accident coverage claims cannot be filed under Section 166 if the claimant is the vehicle owner; such claims are contractual and not statutory.
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 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.
S.163A allows claims for no-fault liability for deaths and injuries, overriding traditional liabilities and compensation limits tied to insurance policies, including claims from the deceased vehicle ....
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....
Insurers are not liable for bodily injuries to vehicle owners under Section 147 of the Motor Vehicle Act; thus, claims under Section 163A cannot be entertained if the owner is also a claimant.
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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