Karnataka High Court
Credit: DH File Photo
Bengaluru: The Karnataka High Court has observed in a recent judgement that under section 163-A of the Motor Vehicles (MV) Act, the involvement of the vehicle and the accident are the only important factors and not negligence.
Justice Lalitha Kanneganti said this while awarding Rs 5 lakh each to the two brothers who lost their parents in an accident about 13 years ago.
The brothers, H Girish and H Yatish, had moved the Motor Accident Claims Tribunal, Bengaluru seeking for Rs 15 lakh each as compensation. Their parents Gayathri and Huchcha Hanumaiah died in an accident on April 1, 2012 when the car they were traveling in collided with another car on NH-4 near Dodderi Village, Nelamangala.
The compensation was claimed on the ground that they had lost their breadwinners. Their father was a police constable and mother was doing tailoring work and contributing to the family.
On July 11, 2013, the tribunal rejected the claim stating that the brothers are well employed, one an Assistant Professor and the other a technician in a TV channel. The tribunal further noted that there is nothing to show that the accident had taken place due to rash driving on the part of the other car.
The brothers moved an appeal before the high court contending that when the application is filed under section 163-A of MV Act, the accident and the involvement of the vehicle only needs to be proved and not negligence.
The court noted that it is not a case of an application under section 166 of MV Act but under section 163-A. “Once the vehicle is involved, Insurance Company is bound to pay the compensation. In that view of the above matter this court holds that the respondent No.2/insurance company is liable to pay the compensation,” the court said.
The court cited the Apex Court judgement in the New India Assurance Co. Ltd v/s Urmila Halder case and directed the insurance company in the case at hand to pay Rs 5 lakh each to the two brothers.