The High Court of Chhattisgarh dismissed the appeal against an order of the Motor Accident Claims Tribunal which rejected a claim under Section 163(A) of the Motor Vehicle Act, 1988, holding the deceased was not a third party and no owner-driver premium was charged.
The appeal was dismissed; the impugned award of the Tribunal was maintained.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MAC No. 584 of 2019
All are R/o Nardhi, Post Auidhi, District Raipur, Chhattisgarh. Present R/o Village Bherva, Post Khairkhut, Police Station Dharsiwa, District Raipur Chhattiisgarh., District : Raipur, Chhattisgarh
---- Appellants
Versus
---- Respondents
For Appellants : Shri Amiyakant Tiwari, Advocate For Respondent No.2 : Shri Deepak Gupta, Advocate
Hon’ble Shri Justice Sachin Singh Rajput
Order On Board
03/10/2023
This appeal under Section 173 of the Motor Vehicle Act, 1988 (for
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short “the Act of 1988”) has been filed by the appellants/claimants being aggrieved by the award dated 27.07.2018 passed by the Motor Accident Claims Tribunal Raipur (CG) in Claim Case No.688/2016.
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be perverse, it is hereby maintained. Since there is no premium from the policy Ex. D/1, it does not appear that any premium for ownerdriver was charged only third party premium of Rs. 588/- and own damage premium of Rs. 435/- was charged. Appeal is accordingly dismissed.
Sd/(Sachin Singh Rajput) Judge
suguna
2 issues framed by the court
Whether the dismissal of the claim application under Section 163(A) of the Motor Vehicle Act, 1988 on the ground that the deceased was not a third party is liable to be set aside.
Whether Rs. 1,00,000/- was payable to the heirs based on owner-driver coverage when only third party and own damage premiums were charged.
Colour shows how this judgement treated each authority
Nigamma and Another Vs. United Indian Insurance Company LimitedReferred¶24
Nigamma and Another Vs. United Indian Insurance Company Limited 2009 ACJ 2020
New India Assurance Co. Ltd vs Sadanand Mukhi & Ors.Referred¶24
New India Assurance Co. Ltd vs Sadanand Mukhi & Ors. 2009 (2) SCC 417 · Who else cites this
2 provisions across 1 enactments
Devaki Verma (Smt.)
Bhelesh Verma
Ku. Kunika Verma
Smt. Rukhmani Verma
Hemsing Verma
The New India Insurance Co. Ltd.
Sachin Singh Rajput
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
