Son-of-Motor-Vehicle-Insurance-Vehicle-Family-Vehicle-Family-Vehicle-Family
#Son-of-Motor-Vehicle-Insurance-Vehicle-Family-Vehicle-Family-Vehicle-Family
As such, Ratanbai being the wife of the owner has to be treated as third party and not his legal representative because she, in fact died before Shivnarayan because Ratanbai-wife died on the way to hospital whereas Shivnarayan-the owner died during treatment in the hospital. ... As such the owner of the vehicle and his wife died in the accident. The owner was the rider and wife w....
A person who is either the owner of the vehicle or driving it with the permission of the owner cannot be treated as a third party for the purpose of fastening liability on the insurer. ... Where the deceased is in control of or driving the insured vehicle, he is treated either as the owner or as a person placed in the shoes of the owner, and therefore, he cannot be treated as a third#HL_....
Sadanand Mukhi and others, 2009 ACJ 998 dealt as to whether son of the insured driving motorbike can be taken as a third party. The factual matrix was such that son of the insured was driving the motor vehicle, met with an accident and died. ... The only aspect in this Appeal is as to whether the deceased, who stepped into the shoes of the owner, can be termed as a third party and as to ....
therefore, cannot be treated as a third party. ... Relying upon the se=led legal posi0on, the Tribunal held that the claim under Sec0on 163-A was not maintainable, as the deceased could not be treated as a third party. ... Per contra, learned counsel appearing for the Insurance Company has supported the Award and submi=ed that the deceased, having borrowed the vehicle, cannot be treated as a third party and, theref....
The deceased herein who is the son of the owner of the vehicle/respondent No.2, is considered to have "stepped into the shoes" of the owner. The deceased cannot be considered a third party for the purpose of third-party insurance claims. ... Since the deceased was the son of the owner, he is not a third party and thereby he third-party liabilit....
The Tribunal further held that on the date of the accident the deceased was driving the offending vehicle and since the deceased was the son of the registered owner of the vehicle, his case would not fall under the category of Third Party, inasmuch, as the claimants have failed to adduce any evidence ... RJ-29-2M-9223 being a third party to the said vehicle.......”11. ... He also submits that the driver of the offending ve....
/law/INDALL176484075906e15a~S.163">Section 163 -A of the Act, is whether the deceased can be treated as a third party or whether he had stepped into the shoes of the owner. ... Per contra, learned Standing Counsel for the Insurance Company contended that as the deceased was the father of the owner of the vehicle, there will not be any relationship of employee and employer, and therefore, the deceased stepped into the shoes of the owner#HL_E....
Learned counsel for the appellant-Insurance Company further contended that, as per the settled law, when a person drives a vehicle with the consent of owner of said vehicle, such person for all practical purposes steps into the shoes of the owner and cannot be considered as third party and the Tribunal ... on the spot due to his own negligence and no other vehicle was involved in the alleged accident and the deceased was not a third party#H....
Insurance Company raised an issue that owing to the relationship between deceased and owner of the motor vehicle being that of father and son, the claimant was not a third party. ... /judgement/00100043670">(2009) 2 SCC 417 , where it was stated that the insurance company was not liable to indemnify the owner of vehicle being driven by his deceased son, who did not qualify as a third party. ... The Tribunal held th....
There was relation of insured and insurer between the owner of the bike and the Insurance Company and the deceased would be treated as third party, therefore, the Tribunal has rightly considered the deceased as third party and granted compensation. ... In the present case, the claim has been filed for death of the mother of the claimants, who was also the wife of the owner of the insured vehicle. In the accident, both husband and wife died#....
Sadanand Mukhi and Others, (2009) 2 SCC 417, wherein, the son of the owner was driving the vehicle, who died in the accident, was not regarded as third party. In the said case the court held that neither Section 163-A nor Section 166 would be applicable.” “There are indeed cases like New India Assurance Company Limited vs.
The other case relied upon is Ningamma (supra) wherein, the facts, which is similar to the instant case has been fairly covered and the position of law is well settled in this matter and there is necessity for further discussion. In the instant case, the question arose as to whether the son of the owner of the vehicle can be treated as a 3rd party. The Hon'ble Apex Court held that the son of the insured does not fall within the meaning of 3rd party under the Act. The parameter of this situation has been fairly covered in New India Assurance Company Ltd. vs. Sadanand Mukhi &....
He further submitted that kith and kin of insured and their legal representatives in the event of their death in accident can sustain claim for compensation as third party claims, provided relevant policy of insurance covers such a risk-existence and extent of liability of insurer governed by specific terms and conditions of policy. In the present case, as the additional premium was not paid in respect of the entire risk of death or bodily injury to the owner of the crime vehicle, the appellants are not entitled to any compensation and sought to set aside the order of the Tribunal. #HL_START....
In the present case, as the additional premium was not paid in respect of the entire risk of death or bodily injury to the owner of the crime vehicle, the appellants are not entitled to any compensation and sought to set aside the order of the Tribunal. He further submitted that kith and kin of insured and their legal representatives in the event of their death in accident can sustain claim for compensation as third party claims, provided relevant policy of insurance covers such a risk-existence and extent of liability of insurer governed by specific terms and conditions of policy. 8. Sri A.....
Wherein, the son of the owner was driving the vehicle, who died in the accident, was not regarded as third party. In the said case the court held that neither Section 163A nor Section 166 would be applicable.”
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
