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SANT PARKASH
National Insurance Company Limited – Appellant
Versus
Kamlesh Kumari – Respondent
Headnote: Read headnote
JUDGMENT
Sant Parkash, J. - This appeal has been filed by the Insurance Company challenging award dated 18.10.2002 passed by the Motor Accident Claims Tribunal, Gurdasur (hereinafter referred to as, 'The Tribunal'), whereby compensation has been awarded to the claimants/respondent Nos. 1 to 3 in a petition under Section 163-A of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') filed by them.
2. It is the case of the claimants that on 11.03.2000 at about 3.00 PM, deceased-Kartar Singh along with his relative-Kuldip Singh was coming to their village after attending his duty at PAP Jalandhar Cantt. and when they reached near PAP 'T' point, a Maruti Van bearing registration No.PCJ-983 came at a very high speed from Rama Mandi side and struck against Kartar Singh, on account of which, he sustained multiple injuries. He was taken to the Hospital but died on the way. He left behind widow and two daughters.
The main legal point established in the judgment is the need to strictly adhere to the Second Schedule while granting compensation under Section 163-A of the Motor Vehicles Act, 1988, and the require....
The amendment to Section 163A of the Motor Vehicles Act applies to pending claims, ensuring claimants receive the benefits of the new compensation schedule.
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 allows claimants to receive enhanced compensation for accidents occurring before the amendment date.
The amendment to Section 163A of the Motor Vehicles Act entitles claimants to a fixed compensation of Rs. 5,00,000 for fatal accidents, with retrospective effect.
The court emphasized that just compensation must reflect actual loss of dependency and future prospects, allowing for amounts exceeding statutory caps when justified.
The main legal point established is the application of the structured formula under Section 163-A of the Motor Vehicles Act, 1988, for compensation in fatal accident cases, and the liability of the i....
The court emphasized the necessity of just and proper compensation, re-evaluating existing compensation based on subsequent economic realities.
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