DEEPAK GUPTA
Tata AIG General Insurance Company Ltd. – Appellant
Versus
Manoj Kumar Soni – Respondent
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
Bajaj Allianz General Insurance Co. Ltd. v. Gaddam Swami Reddy
Bajaj Allianz General Insurance Co. Ltd. v. Kanchan
National Insurance Co. Ltd. v. Sinitha
Ningamma v. United India Insurance Co. Ltd.
Ningamma & Another v. United India Insurance Co. Ltd.
Oriental Insurance Co. Ltd. v. Rajni Devi
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.