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.

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