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2001 Supreme(SC) 636

D.P.MOHAPATRA, M.B.SHAH
Oriental Insurance Company LTD. – Appellant
Versus
Hansrajbhai V. Kodala – Respondent


JUDGMENT

Shah, J.—Leave granted.

2. The common question involved in these appeals is whether the compensation payable under Section 163A of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘the Act’) as per the structured formula basis is in addition or in the alternative to the determination of the compensation on the principle of fault liability, after following the procedure prescribed under the Act?

3. For convenience we would refer to few facts in Civil Appeal arising out of S.L.P. (Civil) No. 8742 of 1999 in which the judgment and order daated 4.8.98 passed by the High Court of Gujarat at Ahmedabad in FA No.2473 of 1996 is challenged. Petition claiming compensation of Rs.2,50,000/- was filed before the Claims Tribunal on the ground that one bus bearing registration No.G.J.3T 9815 met with an accident and Mayur, son of respondent Nos.1 and 2, aged about 6 years died as a result thereof. The claimants also filed an application under Section 163A of the Act for interim compensation on structured formula basis. The Insurance Company-appellant contended that as the bus was not insured with it, it was not liable to pay compensation. The Claims Tribunal granted the prayer o


















































































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