• About Us
  • Privacy Policy
  • Terms of use
  • Contact Us
Friday, January 15, 2021
Law Trend
  • google-play
  • apple-store
  • Login
  • Home
  • About Us
  • Trending Stories
  • Court Updates
  • Judgements
  • Law Trend - हिन्दी
  • Bare Acts and Rules
    • Central
    • State
  • Webinar
  • Columns
  • Online Internship
  • More
    • Humour
    • Submit Judgment/Order/Posts
    • Quotes
    • Legal Dictionary
    • Courts Weblink
No Result
View All Result
Law Trend
  • Home
  • About Us
  • Trending Stories
  • Court Updates
  • Judgements
  • Law Trend - हिन्दी
  • Bare Acts and Rules
    • Central
    • State
  • Webinar
  • Columns
  • Online Internship
  • More
    • Humour
    • Submit Judgment/Order/Posts
    • Quotes
    • Legal Dictionary
    • Courts Weblink
No Result
View All Result
Law Trend
No Result
View All Result

MACT Competent to hear Personal Accident Claims: Bom HC

Law Trend by Law Trend
October 7, 2020
in Court Updates, Trending Stories
5 min read
267 3
0
Bombay HC new
525
SHARES
1.5k
VIEWS
Share on FacebookShare on TwitterShare via WhatsappShare via EmailPinterest

Recently, Hon’ble Justice S.M Modak of Bombay High Court Nagpur Bench passed an order in the case of Smt. Mangala & Ors vs National Insurance Company Limited and directed the insurance company to pay the appellants a sum Rs. 2 Lakh as compensation.

Bombay High Court has disagreed with the Judgment of Karnataka High Court and Madras High Court on the question of law, as to the liability of the insurance company in case injury/death of policy-holder of the vehicle.

Brief facts of The Case

Mr Vijay Khandar, who was the owner of a Jeep and the policyholder rammed his Jeep into a tree on 16.10.2004. The driver was trying to avoid a head-on collision with a Tata Sumo car that was coming from the opposite end. Due to the accident, the deceased/policyholder lost his life.

The family member of the deceased filed a claim petition. The respondents( insurance company) denied their liability and stated that the policy only covered third-party claims and as in the instant case, the policyholder himself died due to injuries; the insurance company should be absolved of its liability.

The Tribunal concurred with the argument of the Insurance Company and held that ‘the owner/insured could not be said to be a third party and hence exonerated the company).

Aggrieved by order of the trial court, the claimants moved to Bombay High Court.

Issues before the High Court

There were two main issues placed before the High Court:-

  1. Does Insurance policy cover injury to the policy-holder?
  2. Is the insurance company liable to reimburse the claimants?
  3. Can M.A.C.T. award compensation in the instant case?

Judgements relied on by the appellants:-

  • Oriental Insurance Company Limited Vs. Rajni Devi and Ors:-

In this case, a claim was filed under Section 163-A of M.V. Act. The motorcycle met with an accident, and the rider succumbed to his injuries, as the owner had paid Rs. 50 extra to cover his insurance, liability of compensation was calculated to be Rs. 100000.

  • National Insurance Company Limited Vs. Ashalata Bhowmik and Ors

The insurance company was held liable in this case and was directed to compensate the legal representatives of the owner. The Court opined that in cases where the insured is not held liable, the question of liability of the insurer does not arise, but the insurance company was directed to pay Rs.2,00,000 to the family of the deceased as compensation.

  • Ramkhiladi and Anr. Vs. The United India Insurance Company and Anr

Two motorcycles met with an accident in this case, and the driver of one of the motorcycles died. The family of the deceased filed a case under Section 163-A of M.V. Act against the insurance company. The Supreme Court held that the deceased was a permissible owner and not an employee of the owner. It held that the contract of insurance governed the parties, and the claimants were awarded Rs One Lakh as compensation.

Judgements relied on by the Respondents.

  • Smt. Sangeetha Subramani and others Vs. Sri Krishna Chari Puttachari (Karnataka High Court)

In this case, the question before the Court was whether the driver of a two-wheeler ( who is not an owner) could claim compensation as a third party. The Court answered in the negative and held that the claimants could not claim compensation as a third party.

  • Cholamandalam MS General Insurance Company Limited Vs. Ramesh Babu (Madras High Court)

This case pertains to the liability of the insurance company to comply with the promises made in regards to personal accident coverage of a package policy. The Court passed an order in favour of the insurance company, and the petition was dismissed.

Advertisements

Reasoning Of the Court

The Court opined that the High Court had taken a restricted view in the Cholamandalam case in the context of jurisdiction of M.A.C.T. 

As per Section 165 of MV act, M.A.C.T. gets jurisdiction when two conditions are met:

1) when a claim of compensation is in respect of accidents 

2) when the claim arises out of the use of Motor Vehicles.

The Court opined that the M.A.C.T. would have jurisdiction because if the conditions are met, and in this case, as the claim is because of a motor accident, M.A.C.T. will have jurisdiction.

The Court also held that where contractual terms are concerned, the deceased had paid rs. 100 as premium towards compulsory personal accident and the maximum liability is calculated to be Rs 2,00,000 

The Decision of the Court

The Court opined that the insurance company should pay Rs 2,00,000 to the appellants and they will also receive 6 percent interest from the date of filing the petition till the time the amount is disbursed to them. Accordingly, the appeal was allowed.

Case Details:-

Title: Smt. Mangala & Ors vs National Insurance Company Limited

Case No. FIRST APPEAL NO. 378 OF 2020

Date of Order: 29.09.2020

Coram: Hon’ble Justice S. M Modak

Advocates: Shri H.P. Lingayat, Advocate for the Appellants. Shri B.P. Bhatt, Advocate for the Respondent.

Read Judgment

Tags: bombay high courthigh court ordersinsurancelatest Court Newstrend2

Related Posts

calcutta high court
Judgements

Same Gender harassment complaint maintainable under Sexual Harassment of Women at Workplace Act

January 15, 2021
whatsapp
Court Updates

New Privacy Policy of Whatsapp challenged in the Delhi High Court- Justice Pratibha Singh Recuses

January 15, 2021
Chhattisgarh HC
Trending Stories

बीजेपी अध्यक्ष जेपी नड्डा खिलाफ सुनवाई से हाई कोर्ट का इनकार

January 15, 2021
alcohal
Court Updates

To attract an offence of drunk driving, accused should be subjected to blood test or breath analyser test

January 15, 2021
BCI Bar Council of India
Court Updates

Appreciate Supreme Court Order on Farm Laws: BCI Chairman

January 15, 2021
Advocate Gown and Band
Trending Stories

Allahabad HC Dismisses Plea seeking enactment of Advocate Protection Act

January 15, 2021

POPULAR NEWS

  • advocate sticker fortuner

    Where is the Provision of Using Advocate Sticker on Vehicle?

    5006 shares
    Share 2002 Tweet 1252
  • What is the tenure of protection granted under Anticipatory Bail? :SC 5 Judges

    4798 shares
    Share 1918 Tweet 1199
  • Air Asia Crashes Against Gaurav Taneja; Court Says Airline Suppressed Facts

    4619 shares
    Share 1848 Tweet 1155
  • Husband-Wife Take Oath as High Court Judge

    3242 shares
    Share 1297 Tweet 811
  • Is Using Stickers of ‘‘Advocate’’ on Vehicle legally Allowed?

    3162 shares
    Share 1265 Tweet 791
Law Trend

Rabhyaa Foundation has started this platform on values enshrined in the Preamble of the Constitution of India. The object of this platform is to create informed citizens with recent legal updates, Judgments, Legislations of Parliament and State Legislatures, and views of experts in the field of law, in plain and pointed language, for the intellectual development of citizens.
Our tag line “The Line of Law” guides that this......
Read More

Follow Us On Social Media

Subscribe to our News Letter

Sign Up for weekly newsletter to get the latest news, Updates and amazing offers delivered directly in to your inbox.

Categories

  • Trending Stories
  • Court Updates
  • Columns
  • Bare Acts and Rules
  • Online Internship
  • About Us
  • Privacy Policy
  • Terms of use
  • Contact Us

© 2020 Law Trends| All Right Reserved | Designed ByAaratechnologies Pvt Ltd

No Result
View All Result
  • Home
  • About Us
  • Trending Stories
  • Court Updates
  • Judgements
  • Law Trend – हिन्दी
  • Bare Acts and Rules
    • Central
    • State
      • Uttar Pradesh Acts
      • Uttar Pradesh Rules
      • Uttrakhand
      • DELHI
  • Webinar/Videos
  • Columns
  • Online Internship
  • More
    • Humour
    • Submit Judgment/Order/Posts
    • Quotes
    • Legal Dictionary
    • Courts Weblink
  • Android App
  • IOS APP

© 2020 Law Trends| All Right Reserved | Designed ByAaratechnologies Pvt Ltd

Welcome Back!

Login to your account below

Forgotten Password?

Create New Account!

Fill the forms bellow to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In