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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN, R.POORNIMA
Royal Sundaram Alliance Insurance Company Limited – Appellant
Versus
Geetha – Respondent
JUDGMENT :
G.K.ILANTHIRAIYAN, J.
1. C.M.A(MD)No.133 of 2021 has been filed by the Royal Sundaram Alliance Insurance Company Limited against the Judgment and Decree passed in M.C.O.P.No.411 of 2017 on the file of the Motor Accident Claims Tribunal (VI Additional District Court), Madurai. On the other hand, arising out of the same M.C.O.P.No.411 of 2017 on the file of the Motor Accident Claims Tribunal (VI Additional District Court), Madurai, the ICICI Lombard General Insurance Company has filed C.M.A(MD)No.231 of 2021.
2.C.M.A(MD)Nos.505 to 507 of 2021 have been filed by the ICICI Lombard General Insurance Company against the Judgments and Decrees passed in M.C.O.P.Nos.713 of 2015, 786 of 2015 and 2148 of 2014 respectively, on the file of the Motor Accident Claims Tribunal (VI Additional District Court), Madurai.
3.Since the issue involved in all the appeals is one and the same, these appeals are disposed of by a common judgment.
4.The learned counsel appearing for the appellants in stating that notice to the fourth respondent in C.M.A(MD)No.231 of 2021, notice to the fourth respondent in C.M.A(MD)No.505 of 2021, notice to the fifth respondent in C.M.A(MD)No.506 of 2021 and notice to the
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....
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 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.
An insurer must indemnify third parties for liabilities despite policy violations, but retains the right to recover payments from the vehicle owner.
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 duty of the tribunal to conduct a proper inquiry, appreciate relevant facts, and follow basic principles of law in determining liability and co....
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