Motor Vehicles Act, 1988, Section 163-A

Motor Vehicles Act, 1988—Section 163-A—Compensation—Challenged on the ground that the claim under Section 163A can only be raised at the behest of a third party and as the deceased , in the present case, was related to the owner, therefore, no claim for compensation can be raised in an accident caused by him, under Section 163A of the Act—Held, although it is open to the Insurance Company to defeat the claim for compensation by establishing through reliable evidence that the deceased while riding the motorcycle on the fateful day, was an agent, employee or representative of the owner, however, petitioner-Insurance Company, in the present case, has failed to discharge the said onus—Insurance Company has failed to brought on record reliable evidence—Petition dismissed. 


File Name:- SC_DECEMBER 2011_9