In motor accidents, claims not restricted to third party, says SC
Tired of too many ads? go ad free now
While hearing the compensation plea of a minor girl who lost both her parents in a car accident in which her father was on the driving seat, a bench of Justices Sudhanshu Dhulia and K Vinod Chandran said section 163A of the Motor Vehicles Act could be invoked for such a claim, as it is a special provision which overrides not only all the provisions of the Act but also any other law in force for the time being.
In this case, the minor was awarded compensation by the insurance company for the death of her mother but not for her father as he was himself the insured party.
The bench said: "... a claim under section 163A, as per the words employed in the provision, according to us covers every claim and is not restricted to a third party claim; without any requirement of establishing the negligence, if death or permanent disability is caused by reason of the motor accident. This would also take in the liability with respect to the death of an owner or a driver who stepped into the shoes of the owner, if the claim is made under section 163A dehors the statutory liability under section 147 or the contractual liability as reduced to writing in an insurance policy".
The insurance company, however, took the stand that the petitioner, having succeeded to the estate of the owner of the vehicle who died in the accident cannot at the same time be the person who has the liability and is the recipient of the compensation.
"It would override the provisions under sections 147 & 149 along with the other provisions of the Act and the law regulating insurance as also the terms of the policy confining the claim with respect to an owner-driver to a fixed sum.
Tired of too many ads? go ad free now
This according to us is the intention of incorporating the non-obstante clause under Section 163A providing for no-fault liability claims, the compensation for which is restricted to the structured formula under the IInd Schedule.
It is a beneficial piece of legislation brought in, keeping in mind the enhanced chances of an accident, resulting from the prevalence of vehicles in the overcrowded roads of today. It was a social security scheme, brought about considering the need for a more comprehensive scheme of 'no-fault' liability for reasons of the ever-increasing instances of motor vehicle accidents and the difficulty in proving rash and negligent driving," the bench said.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Hindustan Times
2 hours ago
- Hindustan Times
Man sentenced to 20-years of rigorous imprisonment for kidnapping, raping minor girl
A city court sentenced a 22-year-old man to 20 years of rigorous imprisonment for kidnapping and raping a minor girl in May 2021, said police officers on Friday. The incident occurred on May 6, 2021. (Getty Images) The verdict was pronounced by additional sessions Judge Jasmine Sharma, who presides over a designated special fast-track court. The convict was found guilty under Sections 363 (kidnapping) and 366 (kidnapping with intent to compel marriage) of the Indian Penal Code (IPC) and Section 6 (aggravated penetrative sexual assault) of the Protection of Children from Sexual Offences (Pocso) Act. Along with the sentence, the court imposed a fine of ₹50,000 on the convict. Special public prosecutor Sunil Kumar Parmar said the time already spent by the accused in judicial custody will be deducted from the overall sentence, as per court orders. 'The incident occurred on May 6, 2021, when the victim, a Class IX student from a private school in Bilaspur, was found missing by her parents as she failed to leave for school,' Parmar said. After failing to locate her, her father lodged a missing person's complaint with the police. During the investigation, police learned that a man from the same neighbourhood had abducted the girl. However, tracking the duo proved difficult, as the girl did not have a mobile phone, and the accused refrained from using one to avoid detection, officers added. The victim was eventually rescued on July 4, 2021, from Hoshiarpur in Punjab, where she had been held captive. 'Based on her statement, the accused was arrested within hours from Panchgaon Chowk in Manesar,' Parmar said. Parmar added that the minor's medical examination confirmed she was raped multiple times. 'She testified against the accused in court and revealed he had lured her on the pretext of marriage. Other witnesses also supported the prosecution's case,' he said.
Time of India
2 hours ago
- Time of India
Thane MACT Awards ₹87 Lakh Compensation in 2015 Road Accident Death
Thane: The Motor Accident Claims Tribunal (MACT), Thane, awarded a compensation of Rs 87.13 lakh to the family of a 55-year-old school teacher who succumbed to injuries sustained in a road accident in 2015. Tired of too many ads? go ad free now The tribunal, presided over by Member R.V. Mohite, held the driver of a tempo solely responsible for the mishap. The accident occurred on July 31, 2015, near Sunita Apartment in Ulhasnagar-3, when the teacher was riding his motorcycle. According to case records, a tempo driver suddenly opened the vehicle door, causing the motorcyclist to crash into it. The victim suffered a severe head injury and remained in a coma for nearly a year before passing away on July 31, 2016. The tribunal relied on various pieces of evidence, including the FIR, spot panchanama, medical records, and crucial CCTV footage, which was presented in court by the investigating officer. Although the registration numbers and identity were not clearly visible in the footage, the tribunal accepted corroborative statements, including that of the tempo owner, who confirmed the vehicle and driver involved. The tribunal rejected objections raised by the insurer, which challenged the admissibility of the CCTV footage and raised concerns about an alleged policy breach. Member of MACT, Mohite, ruled that strict evidentiary rules under BNS do not apply to claims under the Motor Vehicles Act, and there was no evidence of footage tampering. The court also dismissed the claim of a licensing issue, confirming there was no breach of the insurance policy. The deceased was a permanent teacher at a Ulhasnagar municipal school, earning Rs 63,594 per month. The court considered his income, age, and number of dependents to compute compensation. Tired of too many ads? go ad free now The awarded amount includes loss of future income, future prospects, medical expenses, along with amounts for consortium, estate, funeral expenses, and love and affection. The tribunal directed the tempo owner and insurer to jointly and severally pay the total amount with 9% annual interest from the date of petition filing until full payment. The compensation will be distributed among the widow and two adult children of the deceased, with part of the amount to be invested in fixed deposits in nationalised banks.
Hindustan Times
2 hours ago
- Hindustan Times
NIA court frames charges against JeI operatives, trust in fund-raising case
Special judge NIA, J&K, Sandeep Gandotra, framed charges against three individuals and an educational trust for allegedly raising and utilising funds to further the activities of the proscribed organisation Jamaat-e-Islami, Jammu and Kashmir (JeI, J&K), in violation of the Unlawful Activities (Prevention) Act (UAPA), 1967. The charges were framed in case RC-07/2022/NIA/JMU, after the NIA found prima facie material under sections 120-B of the Indian Penal Code and sections 10, 13, 20, 22-C, 38, and 39 of the UAPA. (File) The accused include Amir Mohammad Shamsi, of Rehtal village, Rajouri; Abdul Hamid Ganai, alias Abdul Hamid Fayaz, of Nadigam, Shopian; and Mushtaq Ahmad Mir, alias Mushtaq Ahmad Zargar of Thanamang, Darhal, Rajouri, presently residing in Pakistan. The fourth accused is Al-Huda Educational Trust, a Rajouri-based organisation allegedly used as a financial front for JeI. The charges were framed in case RC-07/2022/NIA/JMU, after the NIA found prima facie material under sections 120-B of the Indian Penal Code and sections 10, 13, 20, 22-C, 38, and 39 of the UAPA. As per the NIA, Amir Mohammad Shamsi, who previously served as Amir-e-Jila of JeI in Rajouri, conspired with Abdul Hamid Ganai, then Amir-e-Jamaat of JeI, J&K, to collect funds through Al-Huda Educational Trust even after JeI was declared an unlawful association in February 2019. Witness statements and financial documents revealed that Shamsi received ₹1.80 lakh from Mushtaq Ahmad Mir, a Pakistan-based terrorist affiliated with Hizbul Mujahideen (HM), and disbursed ₹1 lakh to Ganai for furtherance of separatist activities. The court noted that while disclosure statements recorded before executive magistrates were inadmissible, independent evidence—including statements of trustees and local donors under Section 164 CrPC—substantiated the prosecution's case. Advocates Syed Aqib and Adil Pandit strongly opposed the charges, arguing that no substantive material had been recovered and that confessions lacked evidentiary value under the Indian Evidence Act. However, the court held that the cumulative evidence, including Trust deeds, financial transfers, and corroborative witness testimonies, justified the framing of charges. Proceedings under Section 512 CrPC have been initiated against Mushtaq Ahmad Mir, who is absconding and believed to be operating from Pakistan.
