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J. J. MUNIR
United India Insurance Co. Ltd. – Appellant
Versus
Niyamatullah – Respondent
JUDGMENT :
1. This case was directed to be listed in the additional cause list vide order dated 02.12.2021, but it has appeared in the daily cause list. Nevertheless, it is on the day's list and is, accordingly, taken up.
2. Heard Mr. T.J.S. Makker, learned counsel for the appellant and Mr. Anshul Baranwal appearing on behalf of the respondents.
3. The appellant was a driver of a truck bearing Registration No. UP 77 A 7454. He was employed to operate the said vehicle by one Mangali Prasad Gupta, who was the owner of the truck. On 15.05.2013, he was plying the vehicle between Sitapur and Kanpur. When the truck was somewhere about the Police Station-Hasanganj in District-Unnao, a wild animal suddenly jumped onto the road. The driver endeavoured to save the animal, which led him to collide with another truck. The accident led the driver to suffer serious injuries. He sustained fractures to both his lower limbs and presumably to his spine (described in vernacular as 'kamar'). He was rushed to the Medical College at Lucknow. The driver remained admitted to the hospital from 29.05.2013 to 05.06.2013. By the time, he preferred this claim, he was still undergoing treatment. It was pleaded tha
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.
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....
It cannot be recognized as an absolute proposition of law that a third party passenger in a hired vehicle can only claim compensation from owner/insurer of offending vehicle.
The main legal point established in the judgment is that the insurer cannot raise a defense of negligence in a claim proceeding under Section 163-A of the Motor Vehicles Act.
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....
A driver can maintain a claim for compensation under Section 163A of the Motor Vehicles Act, irrespective of negligence, as established by the Supreme Court.
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