Back
ARVIND KUMAR VERMA
Maksud Alam S/o Sheikh Abdul Razzak – Appellant
Versus
Mohd. Javed Khan S/o Mohd. Saeed Khan – Respondent
ORDER :
The present appeal has been preferred under Section 173 of the Motor Vehicles Act, (for short “MV Act”) 1988 against the impugned award dated 19.09.2017 passed in Motor Accident Claim Case No. 25/2016 by the First Additional Motor Accident Claims Tribunal, Manendragarh, District Koriya.
2. The claim petition preferred by the claimants under Section 163-A of the MV Act alleging inter alia that on the date of accident i.e. 19.01.2015, the deceased was sitting besides the respondent No.1/driver of the offending vehicle truck bearing registration No. CG 15 AC 5300 and the respondent No.1 by rash and negligent driving caused the accident as a result of which he sustained injury on the head and subsequently died during treatment.
3. Learned counsel for the appellants/claimants submits that deceased was earning Rs. 10,000/- per month and upon calculating the yearly income, taking the above mentioned amount, it would come to more than Rs. 40,000/- (i.e. Rs. 1,20,000/- per annum). The Tribunal on the basis of the provisions under Section 163-A of the MV Act has erred in dismissing the claim petition. He further submits that the learned Tribunal ought to have decided the claim petition
The main legal point established in the judgment is the interpretation of the provisions under Section 163-A and Section 166 of the Motor Vehicles Act, emphasizing the distinction between the two sec....
The main legal point established in the judgment is the interpretation and application of Section 163A of the Motor Vehicle Act, specifically regarding the prescribed income limit for compensation el....
A claimant with an income exceeding Rs. 40,000 per annum can file a claim petition under section 163A of the Motor Vehicles Act, 1988, and receive compensation in accordance with the structured formu....
Compensation under Section 163-A of the Motor Vehicles Act applies retroactively, allowing beneficiaries of past accidents to claim updated compensation amounts.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
