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
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