Motor Vehicles Act, 1988, Section 163-A

Motor Vehicles Act, 1988—Section 163-A—Held, Section 163A of the Act is founded on the “fault” liability principle.


File Name:- SC_DECEMBER 2011_9

Motor Vehicles Act, 1988, Section 163-A

Motor Vehicles Act, 1988—Section 163-A— It is open to the owner or insurance company, as the case may be, to defeat a claim under Section 163A of the Act by pleading and establishing through cogent evidence a “fault” ground (“wrongful act” or “neglect” or “default”)


File Name:- SC_DECEMBER 2011_9

Negligence

Negligence—Held, negligence is a factual issue and can only be established through cogent evidence—Motor Vehicles, Act, 1988, Section 163-A.


File Name:- SC_DECEMBER 2011_9

Negligence

Negligence—A person may be “responsible” for an act, yet he may not be “negligent”—Motor Vehicles, Act, 1988, Section 163-A. 


File Name:- SC_DECEMBER 2011_9

Motor Vehicles Act, 1988, Section 163-A

Motor Vehicles Act, 1988—Section 163-A—In a claim raised under Section 163A of the Act, the claimants have neither to plead nor to establish negligence. 


File Name:- SC_DECEMBER 2011_9

Motor Vehicles Act, 1988, Section 163-A

Motor Vehicles Act, 1988—Section 163-A—Negligence— First information report, post mortem certificate, scene mahazor, report of inspection of vehicle, inquest report and final report, held, cannot constitute proof of negligence at the hands of the rider.


File Name:- SC_DECEMBER 2011_9

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

Motor Vehicles Act, 1988, Section 163-A

Motor Vehicles Act, 1988—Section 163-A—In order to defeat the claim under Section 163-A, it is imperative for the Insurance Company to plead negligence, and to establish the same through cogent evidence.


File Name:- SC_DECEMBER 2011_9