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JAGMOHAN BANSAL
Icici Lombard General Insurance Company Limited – Appellant
Versus
Ram Niwas – Respondent
JUDGMENT
Jagmohan Bansal, J. - The appellant-insurance company through the instant appeal is seeking setting aside of award dated 5.3.2013 passed by Motor Accident Claims Tribunal, Narnaul (for short 'Tribunal') whereby learned Tribunal has awarded a sum of Rs. 1,07,000/- to Ram Niwas alongwith interest @ 7.5% per annum.
2. The brief facts emerging from record are that Ram Niwas- respondent-claimant on 25.9.2011 was going from his village Chhapra to Nangal Chaudhary on his motorcycle bearing registration No. HR-35F-1828 and his son Hanuman Singh son of Banwari Lal was pillion rider on the aforesaid motorcycle. A 'neel gai' (wild cow) suddenly came on the road and struck against the aforesaid motorcycle. Resultantly, the respondent fell on the road and sustained injuries on his both legs.
3. The respondent preferred claim petition under Section 163-A of the Motor Vehicles Act, 1988 (for short ' 1988 Act') seeking compensation of Rs. 20 lakhs on account of injuries sustained by him. Learned Tribunal vide award dated 5.3.2013, after considering the fact that respondent has suffered permanent disability to the extent of 8% on account of the aforesaid accident, awarded a sum of Rs. 1,07,00
The liability of the insurance company under Section 163-A of the Motor Vehicles Act, 1988 is not applicable when the owner of the vehicle is driving and no other vehicle is involved in the accident.
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 central legal point established in the judgment is that under the M.V. Act, the liability of the insurance company depends on the interpretation of the provisions regarding third-party claims, an....
The claimant, stepping into the shoes of the owner of the vehicle, does not fall under the category of a third party, rendering the claim petition under Section 163-A of the Motor Vehicles Act, 1988 ....
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....
The main legal point established in the judgment is the non-maintainability of a claim under Section 163A of the Motor Vehicles Act, 1988 when the owner himself is involved in the accident.
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