Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | claim Motor Vehicles Act 1988 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Motor Vehicles Act, 1988 (59 of 1988) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Motor Vehicles Act, 1988 – s. 163A – Claim under – Victim was travelling on a motorcycle and met an accident – Victim died – As per claimants, the accident occurred on account of rash and negligent driving of the driver of another motorcycle – Claim Petition u/s. 163A of the Act filed by the appellants against the owner of the vehicle on which victim/deceased was travelling and its insurance company – Neither the driver nor the owner or the insurance company of another motorcycle were joined as opponents in the claim petition – Tribunal held insurance company liable to pay compensation of Rs. 3,67,000/- u/s. 163A of the Act – The High Court set aside the Judgment and award passed by the Tribunal and dismissed the claim petition – On appeal, held: There was no specific finding whether the deceased-driver was in employment of the opponent-owner or not – Even otherwise, no evidence was led by the claimants to prove that the deceased-driver was in employment of the opponent-owner – Under the circumstances, the deceased- driver cannot be said to be in employment of the opponent-owner and therefore, can be said to be permissible user and/or borrower of the motor vehicle – Applying the law laid down by the Supreme Court in the case of Ningamma v. United India Insurance Co. Ltd and as the deceased-driver had stepped into the shoes of the owner of the vehicle, as rightly held by the High Court the claim petition u/s. 163A of the Act against the owner and insurance company of the vehicle, borrowed by the deceased, shall not be maintainable – Further, liability of the insurance company would be as per the terms and conditions of the contract of insurance – And as per the contract of insurance, in case of personal accident the owner-driver is entitled to a sum of Rs. 1 lakh – Therefore, the deceased, who would be in the shoes of the owner shall be entitled to a sum of Rs. 1 lakh, as per the contract of insurance. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2020 INSC 11 |
Petitioner | Ramkhiladi & Anr. |
Respondent | The United India Insurance Company & Anr. |
SCR | [2020] 1 S.C.R. 19 |
Judgement Date | 2020-01-07 |
Case Number | 9393 |
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