Mr Nithin C N v. United India Insurance Co. Ltd.
Case brief
What is this about?
MFA No. 3270 of 2016 (MV-I), High Court of Karnataka at Bengaluru, Justice C M Joshi, decided 10 January 2025. Injured vehicle-owner (insured) appealed under Section 173(1) MV Act against dismissal of his MVC No. 164/2013 claim petition. Held: insurer's liability to a third party is statutory, but to its own injured owner-insured it is contractual, governed by policy terms; owner's claims under Section 166 and Section 163A of the Motor Vehicles Act not maintainable; Tribunal's dismissal upheld; appeal dismissed with direct claim under the policy's personal accident cover kept open. Parties: Nithin C N v. United India Insurance Co. Ltd., Kolar.
What did the court decide?
None; the Court dismissed the appeal while expressly keeping open the appellant's claim that could be made directly to the respondent/Insurance Company under the personal accident cover permissible under the policy.