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National Insurance Co.Ltd vs Sinitha & Ors on 23 November, 2011

In Vinod's case (supra), after referring to the decisions of the Apex Court in Deepal Girishbhai Soni v. United India Insurance Company Ltd [(2004) 5 SCC 385], National Insurance Company Ltd. v. Sinitha [(2012) 2 SCC 356] and United India Insurance Co. v. Sunil Kumar [(2014) 1 SCC 680], a Division Bench of this M.A.C.A.No.474/2013 5 Court in which one among us (Anil K. Narendran, J) was a member, held that one who is the victim of his own action of rash and negligent driving of a motor vehicle cannot invoke Section 163A of the Motor Vehicles Act for making a claim for compensation. In the said decision, this Court held further that Section 163A of the Act was never intended to provide relief to those who suffered in a road accident only on account of their own rash and negligent Act, not because of any rash and negligent act of another person in using a motor vehicle. Paragraphs 23 and 24 of the judgment read thus;
Supreme Court of India Cites 18 - Cited by 491 - J S Khehar - Full Document
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