Thursday, April 23, 2026
Latest:
InsuranceLatestLegalOctober 2023

Civil Suit against Insurance Company for damages to the owner’s vehicle is maintainable and bar of Section 175 of the MV Act is not applicable.

legaldeli

Civil Suit against Insurance Company for damages to the owner’s vehicle is maintainable and bar of Section 175 of the MV Act is not applicable

 

Truck of the respondent – plaintiff and insured with the appellants met with accident on 13.8.1993 on way to Nizamabad.  The repairs was carried by the authorized dealer at Akola.

However, the respondent filed the civil suit and claimed Rs.75,000 for repairs, damages of Rs.20,000 for delay of 20 days in repairs and other expenses.

The suit was decreed on 16.7.1996, whereas, the appeal of the Insurance Company was dismissed on 29.11.2004.

In the High Court, the Insurance Company raised question of law that suit is barred by section 175 of Motor Vehicles Act, 1988. 

HELD that the Claims Tribunal has jurisdiction to entertain and try a petition for damages to any property of a third party under Section 165 of the MV Act and therefore, civil suit for damages to the owner’s vehicle is maintainable.

Judgment dated 3.10.2023 in Second Appeal NO.68 of 2006 – The New India Assurance Co. Ltd and another Vs. Abdul Qadri Abdul Ajiz

You May Also Like

Section 18 of the SARFAESI Act is mandatory for appeals to DRAT, irrespective of whether the order challenged is final or procedural.

legaldeli

Electricity Transmission Lines – Powers to determine compensation for use of  lands – Interplay of Government Resolutions of State Government Vs Telegraph Act, 1885 & Electricity Act, 2003 –

legaldeli

Arbitration Win for Seller – Market Escalation & Buyer’s Inaction Proved Decisive

legaldeli

Leave a Reply

Your email address will not be published. Required fields are marked *

I HAVE READ THE DISCLAIMER AND AGREE TO IT.

User Acknowledgement

By proceeding further and clicking on the "AGREE" button herein below, I acknowledge that I of my own accord wish to know more about LegalDeli for my own information and use. I further acknowledge that there has been no solicitation, invitation or inducement of any sort whatsoever from LegalDeli or any of its members to create an Attorney-Client relationship through this knowledge site. I further acknowledge having read and understood the Disclaimer below.

Disclaimer
About: This knowledge-site (www.LegalDeli.in) is owned and operated by LegalDeli (“NDA”), and is a resource for your informational and educational purposes only.

No Warranty: NDA does not warrant that any content or information contained on this knowledge-site is accurate, correct, complete or up-to-date, and hereby disclaims any and all liability to any person for any actual or threatened loss or damage caused by errors or omissions, whether such errors or omissions result from negligence, accident or otherwise. NDA assumes no liability for the interpretation and/or use of the content and/or information contained on this knowledge-site, nor does it offer any warranty of any kind, either expressed or implied in relation to such content or information.

Third-Party Links: NDA does not intend that links / URLs contained on this knowledge-site re-directing users to third party websites be considered as referrals to, endorsements of, or affiliations with any such third party website operators. NDA is not responsible for, and makes no representations or warranties, express or implied, about the content or information contained on such third party websites to which links may be provided on this knowledge-site.

No Legal Advice: By clicking ‘I agree’ and proceeding further, you acknowledge, represent and undertake that you on your own accord wish to know more about NDA, its capabilities and research content and information contained on the knowledge-site, for your own knowledge and personal use. The content and information contained on this knowledge-site should not be construed as nor relied upon as legal advice. You as a reader or recipient of content or information contained in this knowledge-site should not act, nor refrain from acting, based upon any or all of such content or information, but should always seek the advice of competent legal counsel licensed to practice the relevant law in the appropriate jurisdiction.

No Attorney-Client Relationship: This knowledge-site is not intended to be and you should not consider the content or information contained therein to be an advertisement, solicitation, inducement or invitation for an Attorney-Client relationship. Transmission, receipt or use of this knowledge-site, including content and information contained therein, does not constitute nor create an Attorney-Client relationship between NDA and you.

I Agree