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1 - 6 of 6 (0.22 seconds)Section 166 in The Motor Vehicles Act, 1988 [Entire Act]
United India Insurance Co. Ltd And Ors. vs Sethu Madhavan And Ors. on 26 September, 1992
8. Similar view was taken by a Division Bench judgment of
Kerala High Court in United India Insurance Company Ltd. v.
Ratheesh, MANU/KE/1687/2011, wherein while relying on
United India Insurance Company Ltd. v. Madhavan, 2011 (3)
KLT 452 and after analyzing the provisions of Section 140 and
163-A of the Motor Vehicles Act, the Division Bench held as
under:
Ningamma & Anr vs United India Insurance Co.Ltd on 13 May, 2009
31. There can be many a reason which can prompt
the claimant to choose to proceed against one of the
many persons liable under S.163A of the M.V. Act. Where
two vehicles are involved in the accident and one of them
is not covered by a valid policy of insurance that is an
eminently acceptable reason as to why the claimant
should choose to stake the claim against the
owner/insurer of one vehicle and not the other. There
may also be instances like the one that presented itself in
Ningamma v. United India Insurance Co. Ltd., 2009 ACJ
2020 where the insurer of one of the vehicles may be
entitled to claim absolution from liability under S.163A
of the M.V. Act. If the purpose to be achieved by the
statutory provision is a social security scheme, the accent
must be to ensure that the claimant gets the amount
under such social security scheme without dispute and at
the earliest. If that be so, certainly our conclusion that
the claim can be staked against either or both at the
option of the claimant must be held to be sound."
Article 21 in Constitution of India [Constitution]
Oriental Insurance Company Limited vs Lakshmykutty Amma And Ors., Sreedevi ... on 21 May, 1998
17.So far as S.140 of the M.V. Act is concerned, it is now
trite that claim can be raised against either or both
owners/insurers of the vehicles. The decision in Oriental
Insurance Co. Ltd. v Lakshmikutty Amma & Ors., 1999
ACJ 597 (D.B.) makes the position clear that the
MAC APP 895/2011 Page 5 of 10
Tribunal need not identify at the stage of award of
compensation under S.140 of the M.V. Act all the
vehicles (persons) liable to pay compensation. It is
therefore evident that a claim under S.140 can be staked
against the owner of either vehicle. The insurer
consequently will be liable to indemnify the owner of the
vehicle liable.
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