(1.) WHEN plurality of vehicles is involved in an accident, does the victim/claimant have the unfettered option/ right to claim compensation under Section 163-A of the Motor Vehicles Act against either or both the owners/insurers of the vehicles? Does the dictum in United India Insurance Co. Ltd. v. Madhavan, 2012 ACJ 1986 (Kerala), require reconsideration.
(2.) THESE are the questions of law of relevance that arise for consideration now.
(3.) THE Tribunal under the impugned common award came to the conclusion that the claim under Section 163-A of the Motor Vehicles Act, is legally sustainable. The Tribunal held that the insurer of the insured vehicle is liable to compensate all the claimants.