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RAJNISH BHATNAGAR
Iffco Tokio General Insurance Company Limited – Appellant
Versus
Uma Devi – Respondent
JUDGMENT
Rajnish Bhatnagar, J.
MAC.APP. 154/2022 and CM APPL. 25238/2022
1. The appellant has preferred the present appeal under Section 173 of MV Act with the following prayers:
"a) This Hon'ble Court may please be gracious enough to set aside the order dated 23.03.2022 passed in MACT NO. 57244/16 by Sh. Lovleen, LD PO MACT, Tis Hazari Courts on the grounds stated in the appeal.
b) Cost of the appeal may please be also awarded.
c) Any other relief which this Hon 'ble Court may deem fit and proper under the facts and circumstances of the case be also awarded."
2. It is submitted by learned counsel for the appellant that learned Tribunal failed to appreciate the provision under section 164 of the MV Act 1988, being in force at the time of passing the order which clearly states that the award shall be Rs.5,00,000/- in case of death. It is further submitted that learned Tribunal awarded additional amount of Rs.1,21,000/- towards compensation without there being any provision.
3. On the other hand, it is submitted by learned counsel for respondent nos. 1 and 2 that learned Tribunal has correctly awarded the compensation and there is no error in the impugned judgement. It is further submi
The central legal point established in the judgment is the interpretation and application of Section 164 (1) of The Motor Vehicles (Amendment) Act, 2019, in determining the compensation amount and in....
Statutory limits on compensation for grievous hurt in motor vehicle accidents cannot be bypassed by a tribunal under the guise of the law being benevolent. Tribunals are bound by specific legislative....
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