UNITED INDIA INSURANCE COMPANY LTD Vs. RATHEESH

JUDGEMENT

(1.) WHEN plurality of vehicles are involved in an accident does the victim/claimant have the unfettered option/right to claim compensation under Section 163A 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 require re-consideration?

(2.) THESE are the questions of law of relevance that arise for consideration now.

(3.) THE insurer claims to be aggrieved by the impugned award. THE short challenge raised by the appellant/insurance company is that when plurality of vehicles are involved in an accident, the owner/insurer of all such vehicles are liable to answer the claim under Section 163A of the MVAct. THE impugned common award inasmuch as it directs payment of compensation under Section 163A of the MV Act by the insurer of one of the two vehicles involved in the accident is not legally sustainable. THE owner/insurer of the motor-cycle must also be made liable to the extent of 50%. This is the contention raised by the learned counsel for the insurance company.