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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SANJAY K.AGRAWAL
Sadaram, S/o. Late Shri Bihari Ram – Appellant
Versus
Manjeet Kaur, W/o. Gurvindar Singh Bhatiya – Respondent
| Table of Content |
|---|
| 1. court's observations regarding income evaluation and claims tribunal functioning. (Para 8 , 10) |
| 2. determination of retrospective application of amendments in the act. (Para 11 , 12) |
| 3. final ruling on compensation amount awarded. (Para 13 , 14) |
JUDGMENT :
SANJAY K. AGRAWAL, J.
1. The appellant/claimant had preferred application under Section 163-A of the Motor Vehicles Act, 1988 (for brevity “Act of 1988”) before the 2nd Motor Accident Claims Tribunal, Rajnandgaon, Chhattisgarh (for brevity “Claims Tribunal”) claiming compensation to the extent of Rs.90,40,000/- along with 18% interest against respondents herein alleging the monthly income of the deceased to be Rs.12,000/- per month.
2. The claimants before the Claims Tribunal has stated that deceased Chintanand, who was the son of the appellant herein, was driving the offending vehicle/truck bearing Registration No. CG – 08/AL – 1757 and on account of mechanical failure of break, the accident was occurred, wherein the Insurance Company/respondent No.2 herein has taken a plea that the deceased was in the state of intoxication while driving the offending vehicle/truck and, therefore, it was being plied in breach of ter
Compensation under Section 163-A of the Motor Vehicles Act applies retroactively, allowing beneficiaries of past accidents to claim updated compensation amounts.
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....
The amendment to Section 163A of the Motor Vehicles Act applies to pending claims, ensuring claimants receive the benefits of the new compensation schedule.
Compensation claims under Section 163A of the Motor Vehicles Act, 1988 are contingent upon the claimant's income being below the statutory threshold, while recent amendments enhancing compensation ar....
The amendment to Section 163A of the Motor Vehicles Act allows claimants to receive enhanced compensation for accidents occurring before the amendment date.
The main legal point established in the judgment is the court's authority to award just compensation exceeding the claimed amount under the Motor Vehicles Act, 1988, and the need for a realistic appr....
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.
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