K. Kannan, J.

The appeal in FAO No. 172 of 2012 is at the instance of the insurance company challenging the award passed by the Tribunal assessing a compensation u/s 163-A of the Motor Vehicles Act as payable by the insurance company. The case was at the instance of the legal representatives of the deceased, who was riding a motor cycle, fell on the road and suffered fatal injuries. The Tribunal found that since the claim was made u/s 163-A, representatives of the deceased would be entitled to secure a compensation against the insurance company since the entitlement is statutorily recognized on a strict liability basis.

2. Learned counsel appearing on behalf of the respondents has two substantive arguments to make. One, the judgment of the Supreme Court in Deepal Girishbhai Soni and Others Vs. United India Insurance Co. Ltd., Baroda, (2004) 5 SCC 385, where the Supreme Court in paragraph 66 has recognized an entitlement to recover damages even in cases where the deceased himself was negligent. The relevant portion in the judgment is reproduced below:-

.....In Section 163-A, the expression "not withstanding any thing contained in this Act or in any other law for the time bein