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IN THE HIGH COURT OF ORISSA AT CUTTACK
B.P.ROUTRAY
New India Assurance Co. Ltd. – Appellant
Versus
Nirupama Bag – Respondent
| Table of Content |
|---|
| 1. insurer's appeal against compensation decision. (Para 1 , 2) |
| 2. fixed liability based on vehicle involvement. (Para 3 , 4) |
| 3. negligence not required under section 163-a. (Para 5) |
| 4. confirmation of tribunal's findings. (Para 6) |
| 5. dismissal of appeal; order to pay compensation. (Para 7 , 8) |
JUDGMENT :
B.P. ROUTRAY, J.
1. Present appeal by the Insurer is directed against the judgment dated 1st August, 2022 of the Member, Second Motor Accident Claims Tribunal (Northern Division), Sambalpur, in M.A.C.No.64 of 2018 (Sambalpur), wherein compensation to the tune of Rs.5,00,000/- has been granted along with interest @ 6% per annum with effect from the date of filing of the claim application on account of death of the deceased in the motor vehicular accident on 28th January, 2018.
2. Heard Mr.Sinha, learned counsel for the Insurer-Appellant and Mr.Mishra, learned counsel for the claimants-Respondent Nos.1 to 4.
3. The claim application was filed under Section 163 -A of the M.V.Act. As per the findings of the Tribunal, motorcycle bearing Registration No.TN-02-BC-8078 was used in the accident and accordingly its owner as well as the Insurer were held liable to pay the compensatio
In a claim under Section 163-A of the M.V. Act, proof of negligence is not required; the mere involvement of the vehicle is sufficient for compensation.
In claims under Section 163(A) of the Motor Vehicles Act, insurers cannot use negligence of the claimant as a defense, adhering strictly to no-fault liability principles.
Under Section 163A of the Motor Vehicles Act, an insurer cannot evade liability based on contributory negligence when involved in a claim regarding death or injuries.
The main legal point established in the judgment is that the defense of negligence by the insurance company is not permissible in a claim proceeding under section 163A of the Motor Vehicles Act.
In proceedings under Section 163-A of the MV Act, the insurer cannot raise any defense of negligence on the part of the victim to counter a claim for compensation.
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