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SANJAY KUMAR
Branch Manager, New India Assurance Co. Ltd. – Appellant
Versus
Puni Mao – Respondent
JUDGMENT
1. By order dated 25.02.2019, the Motor Accident Claims Tribunal, Senapati, accepted the prayer of the claimant in M.A.C.(D) Case No. 1 of 2019 and directed New India Assurance Company Ltd., respondent No. 1 therein, to pay a sum of Rs. 50,000/- (Rupees Fifty Thousand) to her as interim compensation in relation to the death of her husband, Losii Nipuni @ Nepuni Losii @ Nipuni Pukeni Losii, under Section 140 of the Motor Vehicles Act, 1988 (for brevity, the Act of 1988), within 30 days and in default, to pay interest thereon @ 6 % per annum. Aggrieved thereby, New India Assurance Company Ltd. is in appeal.
2. Heard Mr. A. Deni Sharma, learned counsel for the appellant; and Mr. S. Suresh, learned counsel for respondent No. 1, viz., the claimant.
3. Losii Nipuni, the claimant's husband, died in a car accident on 28.10.2018. The accident occurred near Martyr's Park, about 2 Kms away from Mao Police Station, while he was driving his daughter's Maruti Swift Dzire car. Admittedly, no other vehicle was involved in the accident which occurred due to brake failure, as per the report of the Inspector (Mechanics) Motor Vehicles Department, Government of Manipur. F.I.R. No. 10(10) 2018 wa
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Ambit, scope and applicability of section 140, M.V. Act, 1988 discussed.
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.
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Claims for own damages are not maintainable under the Motor Vehicles Act, 1988; liability of insurers for third-party property damage is limited to Rs.6,000/- under Act only policies.
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