Broken Tree Branch Kills Bike Rider - Karnataka HC Allows Legal Heirs' Claim Under Section 163A Motor Vehicle Act 1988

Last updated: 21 October 2022

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The Karnataka High Court has ruled that legal heirs can claim compensation under Section 163A of the Motor Vehicles Act, 1988, even when a death is caused by a fallen tree branch, not directly by a vehicle's fault. The court clarified that under Section 163A, proof of negligence isn't required. However, it found that the deceased, who had borrowed the vehicle, stepped into the owner's shoes. Therefore, the claim was allowed based on the 'personal accident cover to insured-cum-driver' for which additional premium was paid, limiting the compensation to £1,00,000.

Court :
Karnataka High Court

Brief :
This appeal is filed challenging the judgement and award passed in MVC No.3020/2007 dated 05.02.2011 on the file of II Additional District and Sessions Judge and Additional MACT, Belagavi, questioning the liability and quantum of compensation.

Citation :
UNITED INDIA INSURANCE CO. LTD. VS SMT.SUSILA W/O. SHAMRAO PATIL

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(Excl. of GST ₹809)

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Judgement posted by

FCS Deepak Pratap Singh

Associate Vice President - Secretarial & Compliance (SBI General Insurance Co. Ltd.)

Dear Friends, MyselfFCSDeepak P. Singh ( B.Sc.. LLB, FCS. FIII, CIAFP, CRMP, ID) , A Fellow Member of ICSI, Law Graduate ,Fellow Member of Insurance Institute of India, Certified Independent Director ,Certified Insurance Anti Fraud Professional , Certified Risk Governance Professional ( ICSI-III) and cleared Limited I ... Read more

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