AI Overview...
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Section 163A Claim in Employment of Vehicle Owner - Claims under Section 163A of the Motor Vehicles Act, 1988, are generally for no-fault compensation for injuries caused by motor vehicle accidents Sangeetha W/o Late Subramani VS Krishna Chari S/o Puttachari - Karnataka, Divisional Manager, New India Assurance Company Limited VS Sangeeta wd/o. Balwantrao Wandile - Bombay, Suresh S/o Koragappa Shetty vs Vasantha Shetty S/o Ramayya Shetty - Kerala.
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Eligibility of the Injured Driver - A driver injured while in the employment of the vehicle owner can claim compensation under Section 163A, provided the accident occurred during the course of employment and the driver was authorized to operate the vehicle Suresh S/o Koragappa Shetty vs Vasantha Shetty S/o Ramayya Shetty - Kerala, Oriental Insurance Company Ltd. VS Utpalesh Chakraborty - Gauhati.
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Borrowed Vehicle Scenario - If the injured person was driving a borrowed vehicle, they are typically not entitled to claim under Section 163A, as they are considered to be in the shoes of the owner and the claim is barred National Insurance Company Limited VS Madan Chandra Deka - Gauhati, NEW INDIA ASSURANCE COMPANY LTD., vs RUGMANI, - Kerala.
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Owner's Status and Liability - The owner of the vehicle cannot claim compensation under Section 163A if they are the injured party or if the accident involves the owner directly, as the section is designed for third-party injury claims, not for owners claiming for personal injuries Samchhun Bibi VS Tata AIG General Insurance Company Ltd. - Calcutta, Oriental Insurance Company Ltd. VS Utpalesh Chakraborty - Gauhati.
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Insurance and Liability - The insurance policy's scope does not extend to owner liability for personal injuries, especially when the owner is the injured party or the driver was not authorized, or in cases involving borrowed vehicles United India Insurance Co. Ltd. VS Sidharat Raju - Punjab and Haryana, JOSE Vs ANTO - Kerala.
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Main Insights:
- Claimants must establish that the injury occurred during employment and the vehicle was used in a manner authorized by the owner.
- Borrowed vehicles complicate the claim; generally, only the person authorized to use the vehicle and in employment can claim under Section 163A.
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Owners injured in accidents involving their vehicle typically cannot claim under Section 163A, as the provision is meant for third-party claims.
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Conclusion:
Claims under Section 163A are applicable primarily to third-party injured persons or authorized drivers in employment, but not to vehicle owners or individuals injured while borrowing or using the vehicle outside authorized employment contexts Sangeetha W/o Late Subramani VS Krishna Chari S/o Puttachari - Karnataka, Suresh S/o Koragappa Shetty vs Vasantha Shetty S/o Ramayya Shetty - Kerala, National Insurance Company Limited VS Madan Chandra Deka - Gauhati.
References: - Sangeetha W/o Late Subramani VS Krishna Chari S/o Puttachari - Karnataka - Divisional Manager, New India Assurance Company Limited VS Sangeeta wd/o. Balwantrao Wandile - Bombay - Suresh S/o Koragappa Shetty vs Vasantha Shetty S/o Ramayya Shetty - Kerala - Samchhun Bibi VS Tata AIG General Insurance Company Ltd. - Calcutta - United India Insurance Co. Ltd. VS Sidharat Raju - Punjab and Haryana - Ayyappan Pillai VS Thomas M. S/o Mathan - Kerala - JOSE Vs ANTO - Kerala - Oriental Insurance Company Ltd. VS Utpalesh Chakraborty - Gauhati - National Insurance Company Limited VS Madan Chandra Deka - Gauhati - NEW INDIA ASSURANCE COMPANY LTD., vs RUGMANI, - Kerala
Search Results for "When Injured in Employment of Owner of Vehicle then s 163a Claim"
2018 0 Supreme(Kar) 333 • India - Karnataka
R.DEVDAS
driver/rider having to plead and prove that motor vehicle accident was caused during course of employment – Appeal dismissedMotor Vehicles Act, 1988 - Section 163A - Workmen’s Compensation Act- Section 163A - Claim appellant ... a Third Party nor “owner cum driver –Held, Cases where no other vehicle is involved in an accident driver of vehicle was himself ... It was also contended that the owner of the #HL_....
2017 0 Supreme(Bom) 689 • India - Bombay
S.B.SHUKRE
a claim for compensation under Section 163A of the Motor Vehicles Act, 1988 against the insurer of a truck involved in a fatal accident ... Issues: The main issue was whether a claim for compensation under Section 163A of the Motor Vehicles Act, 1988 was maintainable ... Motor Accident Claims Tribunal - Motor Vehicles Act, 1988 - Section 163A - 147 Fact of the Case: The case involved ... In such a case, no liability qua the insured#HL_END....
2025 0 Supreme(Ker) 2436 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
Shoba Annamma Eapen, J
(G) Parties - A claimant/injured driver against vehicle owner and insurer; (H) Dissent - None. ... was a paid driver"; (v) "the claim under Section 163A of the Act, was made against the owner and insurer of the vehicle, which was ... ... ... (D) Main issues - Whether the injured paid driver is entitled to compensation under Section 163A despite negligence; whether ... However, in order to claim compensation, the ....
2024 0 Supreme(Cal) 1134 • India - Calcutta
SHAMPA DUTT (PAUL)
owner, could not claim compensation under Section 163A. ... owner or a relative of the owner of the vehicle involved in the accident, as established in previous case law. ... are not applicable when the deceased is the owner of the vehicle involved in the accident. ... the claim in terms of Section 163A of the Act. ... RJ 02 SA 7811, as rightly held by the High Court, the claim petition under Sect....
2014 0 Supreme(P&H) 743 • India - Punjab and Haryana
JITENDRA CHAUHAN
of the liability of the insurance company, owner, and user of the vehicle in a compensation claim. ... The claim petition was filed under Section 163A of the Motor Vehicles Act by the deceased's legal representatives. ... The deceased, who was driving the vehicle at the time of the accident, had borrowed the car from the owner. ... by or arising out of the use of the vehicle in a public place: ... Provided that a policy shall not be....
2020 0 Supreme(Ker) 262 • India - Kerala
ANIL K. NARENDRAN
the shoes of the owner of that vehicle. ... The deceased, who borrowed the motorcycle from its owner, who was authorised to ride the said vehicle by its owner, stepped into ... the Motor Vehicles Act, since, at the time of accident, the deceased was riding the scooter as permitted by the owner of that vehicle ... RJ-02/SA-7811 being in employment of the owner of the said vehicle, in his interest o....
2020 Supreme(Online)(KER) 12707 • India - High Court of Kerala
ANIL K. NARENDRAN, J
Compensation - Motor Vehicle Accident - Motor Vehicles Act, 1988 - Sections 163A, 140, 147 - The court held that under Section ... vehicle owner, and the insurance policy provisions do not extend to owner liability for personal injury in such contexts. ... Issues: Whether the claimants could maintain a compensation claim under Section 163A when the deceased was the owner of the ... there is no specific finding whether the deceased ....
2012 0 Supreme(Gau) 1139 • India - Gauhati
SUBHASIS TALAPATRA
appraisal thereof is avoided deceased was owner of vehicle - For reasons stated in claim petition or otherwise he himself was to ... also does not arrest insurer to shoulder liability of payment for damage that owner of vehicle suffered in accident - Appeal stands ... Motor Vehicles Act, 1988 - Sections 173, 166, 163A, 146, 147 and 95 – Accident – injuries - Damages of Property ... Section 163A of the Motor Vehicles Act reads thus: ....
2022 0 Supreme(Gau) 1257 • India - Gauhati
MALASRI NANDI
Ratio Decidendi: The deceased, as a borrower of the vehicle, stepped into the shoes of the owner and could not claim compensation ... and cannot claim compensation under Section 163A of the Motor Vehicles Act. ... vehicle from the owner, stepped into the shoes of the owner and cannot be the recipient of compensation. ... by or arising out of the use of the vehicle in a public place: Provided that a policy shall no....
2020 Supreme(Online)(KER) 34693 • India - High Court of Kerala
ANIL K. NARENDRAN, J
Ratio Decidendi: A person cannot make a claim under Section 163A if they borrowed the vehicle in which they died, as they ... The motorcycle was borrowed from its owner, who was also insured with the appellant insurer. ... Insurance - Motor Vehicles - Section 163A - The Act provides for compensation on a no-fault basis, but the claim is not maintainable ... there is no specific finding whether the deceased - rider was in employment....
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