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ROHIT RANJAN AGARWAL
National Insurance Co. Ltd. – Appellant
Versus
Brijrani – Respondent
JUDGMENT :
(Rohit Ranjan Agarwal, J.)
1. Heard Sri S.K. Mehrotra, learned counsel for the appellant and Sri R.K. Porwal, learned counsel for the respondents.
2. This first appeal from order filed under Section 173 of Motor Vehicle Act, 1988 (hereinafter called as ‘Act of 1988’) arises out of judgment and decree/award dated 01.04.2000 passed by Motor Accident Claims Tribunal/VIIth Additional District Judge, Etawah in Motor Claims Petition No. 151 of 1995 awarding Rs.1,57,000/-along with 9% annual interest from the date of judgment till the date of actual payment.
3. Facts in nutshell, are that deceased Jaswant Singh was travelling on Truck bearing number USS-6158 on 28.03.1995 along with his brothers, owner of the truck and the driver to carry peel of acacia tree, when the truck on which the deceased was going met with an accident with another Truck bearing number BHB-3561 coming from the opposite direction. The deceased, Jaswant Singh and his brother sustained severe injuries, and were taken to hospital at Etawah for medical treatment where he succumbed to injuries and unfortunately died on 09.04.1995. The deceased, Jaswant Singh was bachelor and claim petition was filed by his mot
The main legal point established in the judgment is that once a claim petition is filed under Section 163-A of the Motor Vehicle Act, 1988, the court cannot adjudicate on certain aspects, including c....
The principle of 'pay & recovery' should be applied in cases where the insurance company is directed to deposit the compensation amount and recover the same from the owner of the offending vehicle.
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.
The court established that compensation under Section 163A of the Motor Vehicles Act applies even when the victim is a gratuitous passenger, emphasizing the structured formula for calculating compens....
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....
Negligence is not relevant for determining a claim under Section 163A of the Motor Vehicles Act, and the protection under this provision is extended only to the injured person or the legal heirs of t....
Section 163A of the Motor Vehicles Act allows compensation to legal heirs of a deceased driver, irrespective of negligence, emphasizing the provision's intent to provide swift compensation.
Insurers are not liable for injuries to gratuitous passengers in goods vehicles under the M.V. Act, as established by the Supreme Court.
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