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Wakia Afrin (Minor) vs. National Insurance Co. Ltd. (SC)

52.00 5.20

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Motor Vehicles Act, 1988–Sec. 163-A–Maintainability of claim petition–Appellant is a minor daughter of the deceased-owner who lost his life in an accident when the vehicle dashed against a road side building, it having gone out of control due to a tyre brust–Observation of High Court that a dead person cannot be made a defendant and hence, the claim petition was not maintainable–When there is a valid policy issued in the name of vehicle involved in the accident, a claim u/s. 163A covers every claim and is not restricted to a third party claim without any requirement of establishing the negligence, if death or permanent injury is caused by reason of the motor accident–Issue concerning the liability of the insured in a claim u/s. 163A qua the owner/insured requires an authoritative pronouncement–Matter referred.