The amended Second Schedule has to be taken into account in pending proceedings under Section 163A for deciding the quantum of compensation.

JUDGMENT

1. Both the appeals arise out of a common judgment and award, hence, same are being decided together.

2. These appeals have been submitted against the judgment and award dated 16.02.2018 passed by the Court of learned Special Judge of Printing and Stationery Embezzlement Cases- cum- Motor Accident Claims Tribunal, Jaipur District-Jaipur in claim case Nos. 461/2017 (Old 356/2016) New Mact Main 71/2018 & 460/2017 (Old 355/2016) New Mact Main 70/2018 by which the claim petitions filed under Section 163A of the Motor Vehicles Act, 1988 by the injured-claimnats- Ganesh Bairwa S/o Shri Ramphool Bairwa & Girraj S/o Shri Govind @ Jayram were partly allowed.

3. The issues in these appeals are 'Whether the amended Section 164 can be taken into account in the pending appeals against the claim petition filed under Section 163A of the Motor Vehicles Act, 1988 for deciding the quantum of compensation and whether the appeal is a continuous part of the claim proceedings?' Counsel for the claimants-appellants submitted that the claim petitions were submitted by the claimants-appellants under Section 163(A) of the Motor Vehicles Act.

4. Counsel for the claimants-appellants further submitted that the injured-claimants submitted various medical bills exceeding the amount of Rs. 15,000/- but the Tribunal has granted a lump- sum amount of Rs. 15,000/- only, in view of the mandate of Section 163A of the Act of 1988, which needs suitable enhancement by this Court in view of the amended provisions contained under Section 164 of the Act of 1988.

5. Counsel for the claimants-appellants further submitted that both the injured-claimants have sustained more than 18% permanent disability and their earning capacity have been seriously affected, so the amount awarded by the Tribunal is quite meager, which needs suitable enhancement by this Court.

6. Counsel for the respondent-Insurance Company submitted that as per the provisions contained under Section 163(A) of the Motor Vehicles Act, the maximum amount of 15,000/- was permissible for medical bills, so the Tribunal has not committed any error in awarding the amount of Rs. 15,000/- towards medical bills. Though the counsel for the respondent opposed the arguments raised by the counsel for the claimants-appellants, but he was fair enough to submit that these appeals may be decided as per the amended provisions of Section 164 of Motor Vehicles Act, 2019.

7. Heard Counsel for the parties and perused the record.

8. It is not in dispute that under the Provisions of Section 163(A) of the Act of 1988, maximum amount of Rs. 15,000 could be awarded for medical bills but after the amendment in the various provisions of the Motor Vehicles Act, the legislature has come up with a new provisions under Section 164 of the Act of 2019.

9. Section 163A of the Act was originally inserted to provide for a pre-determined formula for payment of compensation to victims of motor vehicular accident on the basis of age/income of the deceased or the person suffering permanent disablement. It contains a non obstante clause and the owner of the motor vehicle involved in the accident or the authorized insured is liable to pay compensation in the case of death or permanent disablement due to accident arising out of the use of the motor vehicle, in terms of the Second Schedule, to the legal representatives of the victim or the victim. In a claim application filed under Section 163A of the Act, the claimant shall not be required to plead or establish that the death or permanent disablement in respect of which the claim has been made was due to any wrongful act or neglect or default of the owner of the vehicle or vehicle concerned or of any other person. The comprehensive scheme has been formulated for the purpose of grant of adequate compensation without the burden to prove that the accident occurred due to negligence, etc. on the part of the driver of the motor vehicle or any other fault arising out of the motor vehicle involved in the acc