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ACHAL KUMAR PALIWAL
Iffco-Tokyo General Insurance Co. Ltd. – Appellant
Versus
Dhanpat Kewat – Respondent
ORDER :
With the consent of parties, the matter is finally heard at motion stage.
2. This order shall govern disposal of M.A. No.3057/2008 (IFFCO-TOKYO General Insurance Co. Ltd. Vs. Dhanpat Kewat and others) and M.A. No. 3438/2008 (Dhanpat Kewat and others Vs Smt. Sumitra Bai and another) arising out of award dated 26.04.2008 passed by Chairman Motor Accidents Claims Tribunal, Katni in MVC No. 61/2007.
3. MA No.3057/2008 has been filed on behalf of appellant/insurance company seeking setting aside the impugned award/exoneration from liability to pay compensation, whereas MA No. 3438/2008 has been filed on behalf of the claimants seeking enhancement of compensation.
4. Learned counsel for the appellant/insurance company, in MA No. 3057/2008, submits that at the time of accident, deceased was himself riding motorcycle and accident occurred as motorcycle got slipped. Owner of the above motorcycle was husband of non-applicant No.1. Present claim petition has been filed under Section 163-A of Motor Vehicle Act and above provision covers cases wherein maximum annual income is Rs. 40,000/-. In the instant case, claimants have mentioned in claim petition that deceased was earning Rs. 4,500 pe
The deceased, riding the motorcycle owned by a claimant, cannot claim compensation as a third party under Section 163-A of the Motor Vehicles Act, limiting the insurance company's liability to Rs. 1,....
Heirs of deceased borrower-driver cannot claim under Section 163A MV Act against owner/insurer of borrowed vehicle as deceased not third party but in owner's shoes; insurer liable only per personal a....
S.163A allows claims for no-fault liability for deaths and injuries, overriding traditional liabilities and compensation limits tied to insurance policies, including claims from the deceased vehicle ....
Insurers are not liable for bodily injuries to vehicle owners under Section 147 of the Motor Vehicle Act; thus, claims under Section 163A cannot be entertained if the owner is also a claimant.
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....
Liability of the insurance company under Section 163A of the Motor Vehicle Act, 1988 is determined by the principle of no fault liability and the terms and conditions of the insurance policy.
Legal heirs of the tort-feasor are not entitled to maintain a claim petition under Section 163-A of the Motor Vehicles Act against the insurer of the motorcycle.
The legal heirs of the deceased, as the tort-feasor, were not entitled to maintain the claim petition under Section 163-A of the Motor Vehicles Act against the appellant-Insurance Company.
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