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i) Motor Vehicles Act, 1988, prior to its amendment:

7. Chapter XI of the Motor Vehicles Act, 1988, deals with insurance for motor vehicles against third party risks. The very title indicates that the Chapter deals with Insurance vis-a-vis third parties both to the vehicle as well as the contract of insurance. Section 145 therein deals with the definitions and Section 145 (g) defines 'third party' as 'includes the Government'. Section 146 deals with necessity for insurance against third party risk and Section 147 deals with the requirements of policies and the limits of liability. Section 163 talks about the Scheme for payment of compensation in cases of hit and run motor accident and Section 163A talks about payment of compensation on a structured formula basis. Section 163B gives an option to persons, who are entitled to claim compensation to either claim compensation under Section 140 (under 'No Fault Liability') or under https://www.mhc.tn.gov.in/judis Section 163A. Section 165 deals with the constitution of the Claims Tribunal by the State Government by Notification and Section 166 deals with the application for compensation, which is to be filed before the Claims Tribunal.

23. The following arguments had been made by the learned counsel for the claimant.

"3.3. ....... Section 163A of the Act has to be interpreted in keeping with the intention of the Legislature and the social perspective it seeks to achieve. It is a provision which is beneficial in nature and it has been enacted as a measure of social security. It is submitted that Section 163A of the Act commences with a “non obstante” clause. Liability to pay the compensation is on “owner of the motor vehicle” or “the authorized insurer”. It is submitted that the word “owner” has been defined under Section 2(30) to mean “a person in whose name a motor vehicle stands registered, and where such person is a minor, the guardian of such minor, and in relation to a motor vehicle which is the subject of a hire- purchase, agreement or an agreement of lease or an agreement of hypothecation, the person in possession of the vehicle under that agreement.” ........
"5.5. It is true that, in a claim under Section 163A of the Act, there is no need for the claimants to plead or establish the negligence and/or that the death in respect of which the claim petition is sought to be established was due to wrongful act, neglect or default of the owner of the vehicle concerned. It is https://www.mhc.tn.gov.in/judis also true that the claim petition under Section 163A of the Act is based on the principle of no fault liability. However, at the same time, the deceased has to be a third party and cannot maintain a claim under Section 163A of the Act against the owner/insurer of the vehicle which is borrowed by him as he will be in the shoes of the owner and he cannot maintain a claim under Section 163A of the Act against the owner and insurer of the vehicle ........."

(emphasis supplied by us)

25. The question before us is whether a claim petition can be filed before the Claims Tribunal under Section 163A by an owner/insured. Considering the language of Chapter XI and the decision in Ramkhiladi's case, the first question is answered against the claimant by observing that an owner/insurer cannot approach the Motor Accident Claims Tribunal by filing a claim petition under Section 163A of the Motor Vehicles Act, 1988 for the injuries sustained by him relying upon the personal accident cover. This does not prevent the owner of a vehicle, who has taken a personal accident cover, from claiming compensation from his insurer. However, the Claims Tribunal is not the Forum, before which he can make his claim, as he https://www.mhc.tn.gov.in/judis is not a Third Party. It is open to the owner of the vehicle to directly approach the insurer on the basis of the personal accident cover. In case, the Insurance Company fails to compensate him, it is well open to him to approach the Consumer Forum or any other appropriate Forum. In view of the answer to the first question as referred to us, the second question does not arise for consideration.