Dismissed

Raksha Devi and Ors. v. Gurmeet Singh and Ors.

Punjab & Haryana HC13 Aug 2010FAO/2740/2010

Case brief

AI extract

What is this about?

The High Court dismissed an appeal challenging the dismissal of a claim under Section 163(A) of the Motor Vehicles Act. The court held that a personal accident cover is personal to the individual and non-transferable, relieving the insurer of liability to the borrower's representatives.

What did the court decide?

Appeal dismissed; insurer not liable to the appellants.

Raksha Devi and Ors. Vs Gurmeet Singh and Ors. — Insurance | Punjab & Haryana HC (2010)

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F.A.O.NO. 2740 OF 2010

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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F.A.O.NO. 2740 OF 2010 Date of decision:13^th August, 2010

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Raksha Devi and others

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.......Appellants

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Versus

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Gurmeet Singh and others

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........Respondents

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BEFORE: HON'BLE MR. JUSTICE K.KANNAN

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Present: Mr. Neeraj Khanna, Advocate,

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for the appellants.

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1. Whether Reporters of local papers may be allowed to see the judgment? Yes/No

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2. To be referred to the Reporters or not?Yes/No

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3. Whether the judgment should be reported in the Digest? Yes/No

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K.Kannan, J.(Oral)

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1. The appeal is by the claimants whose petition was dismissed on the ground that the deceased was a borrower of the vehicle from the owner and a claim under Section 163(A) of the Motor Vehicles Act, cannot survive for favourable consideration. The Tribunal relied on a decision of Hon'ble Supreme Court in

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Ningamma and another Versus United India Insurance

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Company Ltd. (2009) ACJ 2020 to hold that insurer will not be liable. Learned counsel states that Ningamma disposition also makes a remand to the trial court for a consideration of other policy conditions to examine whether any amount will be possible

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for recovery under any terms of insurance. I have not been shown any particular term in the policy which makes it possible

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F.A.O.NO. 2740 OF 2010

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for the claimants to make a claim against the Insurance Company.

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2. The contention of the learned counsel is to the effect that there is a personal accident cover and hence it will make possible for the claimants who are representatives of the borrower of the vehicle to file the petition. The claim for compensation against the insurer through a personal accident cover is personal to the individual and can not be transferable. The person who had taken a personal accident cover for an accident by lending the vehicle to the other, does not also transfer the entitlement of such a person to claim against a insurer. The claim cannot survive under any ground. I find that the decision of the award is proper and there is no scope for interference. The appeal is dismissed as such.

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[K.KANNAN] JUDGE

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13^th August, 2010 Shivani Kaushik

Raksha Devi and Ors. v. Gurmeet Singh and Ors.

Case brief

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Raksha Devi and Ors. v. Gurmeet Singh and Ors.

Case brief

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