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2017 Supreme(Chh) 133

DEEPAK GUPTA
Tata AIG General Insurance Company Ltd. – Appellant
Versus
Manoj Kumar Soni – Respondent


Advocates Appeared:
For the Appellants :Shri Ghanshyam Patel, Advocate.
For the Respondents:Shri Sachin Singh Rajput, Advocate., Shri Shivendu Pandya, Advocate.

JUDGMENT :

Shri Deepak Gupta, J.

1. This appeal by the Insurance Company is directed against the award dated 17.8.2009, whereby the learned Seventh Additional Motor Accident Claims Tribunal, Raipur awarded a sum of Rs. 4,53,500/- to the claimant under Section 163-A of the Motor Vehicles Act.

2. At the outset, it may be stated that though the claimant filed a claim petition under Section 163-A of the Motor Vehicles Act, the learned Tribunal has assessed the compensation not by following the Schedule under Section 163-A but by following the principles under Section 166 of Act. The Tribunal has awarded Rs. 2,00,000/- for medical expenses whereas in terms of Motor Vehicles Act maximum of Rs. 15,000/- can be awarded in a claim petition filed under Section 163 of the Act. It is more than obvious that basic principles of law of compensation under Section 163-A had not been followed. What can be awarded under Section 163-A is only the amount payable under Schedule-II. When a claim petition under Section 163-A of the Act is entertained, the Tribunal cannot award a penny less or a penny more than what is payable under the Schedule.

3. The main grievance of the Insurance Company in this case is t
















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