Tags: MVA Motor Vehicles act, S 163-A

Motor Vehicles Act, 1988, S. 163-A –  Claimant  need  not  plead  or establish  that  the  death  in  respect  of  which  the  claim  was made, was  due to  any negligence  or default  of the  owner of  the vehicle or of any other person  - It  is  not  relevant  that the person insured must be the driver of the vehicle but may well  have  been  riding  with  somebody  else  driving  a  vehicle which resulted in the death of the person driving the vehicle -  High Court, is clearly wrong in stating  that  it  was  necessary  under  Section  163A  to  prove that somebody else was driving the vehicle rashly and negligently,  as  a  result  of  which,  the  death  of  the  victim would take place. #2020 SCeJ 980 

Motor Vehicles Act, 1988, S. 163-A – Limited liability -  Maximum liability being Rs.1 lakh -  This argument was never taken before in all the courts below, as a result of which, we do not allow the insurance company to take up the point for the first time before us at this stage – Liable to pay full amount.  #2020 SCeJ 980 

Motor Vehicles Act, 1988, S. 163-A – Plea of no driving  licence  was squarely given up by the insurance company before the MACT – Insurance company did not press the issue during arguments before the tribunal -  But then utilised by the High Court to disentitle the claimant to relief -  High Court finding is incorrect.  #2020 SCeJ 980 

Motor Vehicles Act, 1988, Section 163A  - Insurance company liable  for claim arising out of the death of driver of car which met with an accident under Section 163A - In a proceeding under Section 163A of the Act, the insurer cannot raise any defence of negligence on the part of the victim to counter a claim for compensation – High court order holding that under Section 163A , since the victim has been contemplated to be an innocent third party, protection is extended only to the injured person or to the legal heirs of the deceased victim, and not to the driver who is responsible for causing the said accident being the tortfeasor and responsible for causing the accident, compensation could not have been awarded – Set aside – Insurer liable. 

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 Motor Vehicles Act, 1988 (59 of 1988) Section 163-A – Appeal by driver  - Owner of the motor vehicle or the authorized insurer shall be liable to pay in the case of death or permanent disablement due to accident arising out of the use of motor vehicle - Claimant is not obligated to prove the factum of rashness or negligence on the part of driver of the vehicle involved in the occurrence, driver of the vehicle is neither required to be impleaded as a party nor can be fastened with liability to pay compensation - In this view of the matter, I find merit in contention of the appellant that the Tribunal has seriously erred by holding the appellant jointly and severally liable to pay compensation.          (2018-3) PUNJAB LAW REPORTER
 Motor Vehicles Act, 1988 (59 of 1988) Section 163-A, 166 – Tribunal stating that since the claim petition had been moved under Section 163-A as well as under Section 166 of the Act and no option had been made that under which Section the claim petition is to be pursued, hence, petition dismissed as not maintainable – Tribunal before deciding the other issues should have decided the maintainability issue - Had the maintainability issue decided first, the claimant would have got an opportunity to choose as to under which section the claim is to be pursued - In case of claim under Section 163-A of the Act, rash and negligent driving was not to be proved – Matter remanded to the Tribunal. (2018-1) PUNJAB LAW REPORTER 

  Motor Vehicles Act, 1988 (59 of 1988) S. 163-A – Claimants never stepped into the witness box to support their claim - No evidence was produced to establish that they were legal heirs of the deceased - Appellants have failed to prove that they were legal heirs of the deceased, in such circumstances claim petition was rightly dismissed by the Tribunal on this ground alone. (2018-2) PUNJAB LAW REPORTER

•   Motor Vehicles Act, 1988 (59 of 1988) S. 163-A – Compulsory Personal Accident Cover for Owner-Driver – Term 'owner-driver' has been defined, hence, no word can be added or deleted from the definition to extend the benefit to claimant so that the term 'owner-driver' can be stretched to mean owner or driver - The award passed by the Tribunal is being set aside, whereby the claimants were found entitled to compensation of Rs.1,00,000/- - It would be appropriate to invoke Section 140 of the Act - Under the said provision, the claimants would be entitled to Rs.50,000/- for `no fault liability' as provided.  (2018-2) PUNJAB LAW REPORTER
•   Motor Vehicles Act, 1988 (59 of 1988) S. 163-A – That income may be restricted to Rs.40,000/- per annum – Claimant have failed to prove that they were legal heirs of the deceased, in such circumstances claim petition was rightly dismissed by the Tribunal on this ground alone - Even otherwise claim petition under Section 163-A of the Act cannot be filed where the income of the deceased was more than Rs.40,000/- per annum. (2018-2) PUNJAB LAW REPORTER
•   Motor Vehicles Act, 1988 (59 of 1988) S. 163-A and 140 – If the person driving the vehicle which met with an accident is owner himself or he is driving the vehicle with the permission of the owner, the driver steps into the shoes of the owner - The claim petition under Section 163-A of the Act would not be maintainable.  (2018-2) PUNJAB LAW REPORTER 
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