Search Results Page
Search Results
1 - 10 of 11 (0.51 seconds)Section 166 in The Motor Vehicles Act, 1988 [Entire Act]
Section 147 in The Motor Vehicles Act, 1988 [Entire Act]
Section 10 in The Motor Vehicles Act, 1988 [Entire Act]
New India Assurance Co. Ltd vs Prabha Devi & Ors on 13 March, 2013
10. In this case, the claimant examined himself before the Medical
Board and marked Ex.C.1 - disability certificate, wherein, it is stated that
the claimant has sustained fracture on the vertebra and his disability is
assessed as 5%. The Hon'ble Apex Court in New India Assurance
Company Limited Vs. Prabha Devi and Ors. [2013 ACJ 1382], has
categorically held that the liability of the insurer is only, for the purpose to
indemnify the injury against the liabilities incurred towards third parties and
under Section 147 of the Motor Vehicles Act, the risk of death or bodily
injury for the owner of the vehicle is covered under the personal accident
coverage. On perusal of the insurance policy - Ex.P.8, the personal accident
coverage premium of Rs.100 has been collected by the insurance company,
it shows that there is a personal accident coverage for the owner of the
vehicle. Hence, the major point to be considered by this Court in the
present case is that, "whether the injured/ claimant, who is the owner of the
vehicle is entitled to claim compensation by invoking Personal Accident
Coverage."
Section 173 in The Motor Vehicles Act, 1988 [Entire Act]
M/S.The Cholamandalam Ms General vs Ramesh Babu on 2 September, 2020
Subsequently, this Court in
The Cholamandalam MS General Insurance Company Limited Vs.
Ramesh Babu [2021 ACJ 979] has held that the claim petition filed under
section 166 of the Motor Vehicles Act for claiming compensation by
invoking personal accident coverage is not maintainable.
Section 165 in The Motor Vehicles Act, 1988 [Entire Act]
Section 6 in The Motor Vehicles Act, 1988 [Entire Act]
Branch Manager Tata Aig General ... vs Kashi Ram Sahu And Ors. 5 Crmp/690/2020 ... on 19 May, 2020
12. A Division Bench of this Court recently in M/S.Tata AIG
General Insurance Company Limited vs. Shanmugam [C.M.A. No.1395
of 2021, dated 19.08.2024], while considering the compensation claim
made by the owner of the vehicle by invoking Section 163-A and personal
accident coverage, answered the question whether the owner is entitled to
claim compensation by invoking Motor Vehicles Act for the injuries
sustained and it has been observed in paragraph No.25 as follows: