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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
AMITENDRA KISHORE PRASAD
Mala Koushik, W/o. Late Kanhaiya Koushik – Appellant
Versus
Parmjeet Siingh, S/o. Sujeet Singh – Respondent
Order :
Amitendra Kishore Prasad, J.
1. This appeal has been filed under Section 173 of the Motor Vehicle Act, 1988, being aggrieved by the Award dated 23.01.2018 passed by the learned Second Additional Motor Accident Claims Tribunal, Manendragarh, Distt. - Korea (C.G.) in Claim Case No. 15/2015.
2. The averment in in this appeal, in brief, is that the appellants, who are the unfortunate widow and family members of the deceased Kanhaiya Koushik, filed a claim petition under Section 163(A) of the Motor Vehicles Act, seeking just compensation for the untimely demise of Kanhaiya Koushik in a fatal road accident. The appellants pleaded that on 10.06.2014 at about 10:45 P.M., the deceased was traveling on his motorcycle from Parsada to Jarhabhatha in connection with his work. While he was passing in front of Swadeshi Food House, near Hightech Bus Stand, Bilaspur, he was hit by a truck bearing registration number CG-07/C/5018, which was being driven rashly and negligently by respondent No.1. As a result of the said accident, the deceased, Kanhaiya Koushik, along with another person Buddhi Singh, sustained grievous injuries and both died on the spot. The appellants claimed that the accident
Compensation caps set under Section 163(A) of the Motor Vehicles Act limit claims despite evidence of income loss. Courts must adhere to statutory ceilings while ensuring justice to claimants.
Claimants are entitled to compensation under amended Motor Vehicles Act without proving negligence, with the retroactive application of compensation limits.
Under Section 163-A of the Motor Vehicles Act, compensation must adhere to a structured formula without requiring proof of negligence, with insurance liability confirmed even if the driver lacks a va....
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.
The amendment to Section 163A of the Motor Vehicles Act allows for enhanced compensation for fatal accidents, applicable to pending claims.
The court emphasized that just compensation must reflect actual loss of dependency and future prospects, allowing for amounts exceeding statutory caps when justified.
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