Bombay High Court Ruling on Insurance Claims
The Bombay High Court has ruled that the owner of an insured vehicle involved in an accident is not entitled to claim compensation from the insurance company under Section 163A of the Motor Vehicle Act.
The owner of the vehicle, who was involved in the accident and criminal case being registered against him, cannot file the proceedings before the Tribunal against the Insurance Company to which his vehicle is registered.
In the case of Tata AIG General Insurance Company Ltd. vs Ashish S/o Gopal Yadao, the Tribunal's findings were deemed perverse as they decided the claim petition despite the auto-rickshaw being insured with the appellant Insurance Company, not the motorcycle involved in the accident.
The court noted that the Tribunal's decision was liable to be quashed and set aside due to these perverse findings.
Author's summary: Bombay HC limits insurance claims for accident-involved vehicle owners.
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