Allowed

The United India Insurance Co. Ltd. v. Sudha Hari @ Sudha

Kerala HC17 Dec 2021MACA/908/2015

Case brief

AI extract

What is this about?

This motor accident appeal by an insurance company against a Tribunal award was allowed. The court held that no claim lies under Section 163A of the Motor Vehicles Act when the deceased borrowed a vehicle, as the deceased steps into the shoes of the owner, and the legal representatives cannot prefer such a claim.

What did the court decide?

The Tribunal's award in O.P. (MV)No.1448/2007 is set aside and the Insurance Company's appeal is allowed.

The United India Insurance Co. Ltd. Vs Sudha Hari @ Sudha — Insurance | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE T.R.RAVI

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FRIDAY, THE 17^TH DAY OF DECEMBER 2021 / 26TH AGRAHAYANA, 1943

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MACA NO. 908 OF 2015

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AGAINST THE AWARD IN OPMV 1448/2007 OF ADDITIONAL MOTOR

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ACCIDENT CLAIMS TRIBUNAL , ALAPPUZHA

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APPELLANT/2ND RESPONDENT IN THE OP(MV):

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THE UNITED INDIA INSURANCE CO. LTD. DIVISIONAL OFFICE, ALAPPUZHA, REPRESENTED BY THE ASSISTANT MANAGER, OFFICE OF THE REGIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., HOSPITAL ROAD, ERNAKULAM.

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BY ADV. SMT.DEEPA GEORGE

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RESPONDENTS/PETITIONERS & 1ST RESPONDENT IN THE OP(MV):

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1 SUDHA HARI @ SUDHA W/O. DECEASED HARIKUMAR.T., KALATHILPARAMBU HOUSE, THAKAZHI.P.O., THAKAZHI GRAMA PANCHAYATH, WARD NO.12, ALAPPUZHA DISTRICT-678001. 2 LAKSHMI,AGED 71 YEARS MOTHER OF HARIKUMAR.T.,KALATHILPARAMBU HOUSE, THAKAZHI.P.O.,THAKAZHI GRAMA PANCHAYATH, WARD NO.12, ALAPPUZHA DISTRICT-678001. 3 BIJU VIJAYAN S/O. PADMANABHAN, MADATHILPARAMBIL HOUSE, KOMANA, AMBALAPPUZHA.P.O., ALAPPUZHA-678001. BY ADVS. SRI.A.T.ANILKUMAR SMT.V.SHYLAJA

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13.12.2021, THE COURT ON 17.12.2021 DELIVERED THE FOLLOWING:

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M.A.C.A. No.908 of 2015

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T.R. RAVI, J.

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M.A.C.A.No.908 of 2015

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Dated this the 17^th day of December, 2021

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JUDGMENT

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The appeal has been filed by the Insurance Company being

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aggrieved by the award passed by the Tribunal in O.P. (MV)No.1448/2007. The claim before the Tribunal was preferred by the mother and wife of deceased Harikumar T. who was riding the motor cycle belonging to the 3^rd respondent and the accident occurred when the deceased applied break and turned to the right side. The claim was preferred under Section 163A of the Motor Vehicles Act. The contention of the counsel for the appellant is that the Tribunal should not have entertained the claim since the deceased was neither a third party nor the owner of the vehicle who would be entitled to personal accident cover. The issue raised is longer res integra. The question whether the claim for compensation will lie in a case where the deceased borrows a vehicle from the owner and meets with an accident was considered by the Hon'ble Supreme Court in the decision in Ningamma &

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Anr. v. United India Insurance Co. Ltd. reported in [2009 KHC

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5046] and it was held that the deceased steps into the shoes of

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M.A.C.A. No.908 of 2015

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the owner and the legal representatives cannot prefer a claim under Section 163A of the Motor Vehicles Act. In United India

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Insurance Company Ltd. v. Vijayarajan & Ors. reported in [2009 (3) KLT 269] , a Division Bench of this court held that in a owner-driver policy, no amount is payable to any person other than the owner/driver named in the policy. In Ramkhiladi & Anr. v. United India Insurance Company & Anr. reported in [2020 KHC 6008 (DB)] the Hon'ble Supreme Court held that a claim will not lie against the Insurer of the vehicle and the owner of the vehicle which was driven by the deceased, since the deceased will step into the shoes of the owner.

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In the above circumstances, the appeal is allowed and the award passed by the Tribunal is set aside.

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T.R. RAVI JUDGE

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dsn

The United India Insurance Co. Ltd. v. Sudha Hari @ Sudha

Case brief

What is this about?

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The United India Insurance Co. Ltd. v. Sudha Hari @ Sudha

Case brief

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