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SHAMPA DUTT (PAUL)
Oriental Insurance Co. Ltd. – Appellant
Versus
Sumitra Roy – Respondent
JUDGMENT :
(Shampa Dutt (Paul), J.) :
1. The present appeal has been preferred by the Appellant/Insurance Company against the judgment and order dated 18th March, 2013 passed by Ld. Judge, Motor Accident Claims Tribunal, 2nd Court, Jalpaiguri, in M.A.C. Case No. 109 of 2008, under Section 163A of the Motor Vehicles Act, 1988.
2. Facts as stated by the claimants:-
3. Both the opposite parties contested the case by filing separate written statements and denying therein all the material allegations in the claim petition.
4. The O.P./owner submitted that the case was not maintainable in its present form and law and the facts as mentioned in the claim petition regarding accident are partly correct and partly denied and all the allegations of the claimant in this case are false. Hence, this O.P prayed for dismissal of the case.
5. The O.P./Insurance Company submitted that the case was not maintainable in its present fo
The amendment to Section 163A of the Motor Vehicles Act, 1988, applies to pending claims, allowing claimants to receive enhanced compensation based on the new structured formula.
The court affirmed that compensation under Section 163A is payable regardless of the vehicle's permit status, emphasizing the structured formula for calculating compensation.
The amendment to Section 163A of the Motor Vehicles Act allows for enhanced compensation for fatal accidents, applicable to pending claims.
The amendment to Section 163A of the Motor Vehicles Act allows for enhanced compensation for claims pending as of the amendment date, reflecting the law's intent to benefit claimants.
The amendment to Section 163A of the Motor Vehicles Act applies to pending claims, ensuring claimants receive the benefits of the new compensation schedule.
The court established that claimants are entitled to compensation under Section 163A of the Motor Vehicles Act based on the structured formula, irrespective of the insurance company's policy limitati....
Compensation under Section 163A of the M.V. Act does not require proof of negligence, and structured compensation formulas must be applied to ensure fair awards to claimants.
The amendment to Section 163A of the Motor Vehicles Act allows claimants to receive enhanced compensation for accidents occurring before the amendment date.
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