UNITED INDIA INSURANCE COMPANY LTD. versus SUNIL KUMAR & ANR.

UNITED INDIA INSURANCE COMPANY LTD. versus SUNIL KUMAR & ANR.

The liability under Section 163-A of the Motor Vehicles Act, 1988 is on the principle of no fault; the question of who is at fault is immaterial in an enquiry under Section 163-A. Once it is established that death or permanent disablement occurred during the course of the use of the insured vehicle, the insurance...

Source-derived case information.

Parties
Appellant: United India Insurance Company Ltd.; Respondent: Sunil Kumar; Respondent: Anr.
Jurisdiction
India
Judgment Date
29 October 2013
Procedural Posture
Civil Appeal / Referred to Larger Bench
Outcome
Matter referred to Larger Bench.
Legal Topics
Structured Formula Compensation, Section 163 a Liability, No Fault Principle, Insurance Company Defence, Reference to Larger Bench
Motor Vehicle Law Structured Formula Compensation Section 163 a Liability No Fault Principle Insurance Company Defence Reference to Larger Bench

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Parties

United India Insurance Company Ltd.

Appellant

Sunil Kumar

Respondent

Anr.

Respondent

Procedural Posture

Civil Appeal / Referred to Larger Bench

Legal Issues

  1. 1 Whether liability under Section 163-A of the Motor Vehicles Act, 1988 is based on no fault principle or fault liability principle
  2. 2 Whether the insurance company or owner can defeat claim under Section 163-A by proving wrongful act, neglect, or default
  3. 3 Interpretation and scope of Section 163-A regarding apportionment of liability and contributory negligence

Ratio Decidendi

The liability under Section 163-A of the Motor Vehicles Act, 1988 is on the principle of no fault; the question of who is at fault is immaterial in an enquiry under Section 163-A. Once it is established that death or permanent disablement occurred during the course of the use of the insured vehicle, the insurance company or the owner, as the case may be, is statutorily obliged to pay compensation.

Court Disposition

Matter referred to Larger Bench.

Orders

  • Matter is placed before the learned Chief Justice of India for reference to a larger Bench for interpretation of Section 163-A of Motor Vehicles Act, 1988 and points (iii) to (v) referred to in Shila Datta's case.