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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SURESHWAR THAKUR, KIRTI SINGH
United India insurance co. Ltd. – Appellant
Versus
Gurjinder Kaur – Respondent
JUDGMENT :
Sureshwar Thakur, J.
1. The present reference generates from the making of the hereinafter extracted order by the learned Single Bench of this Court.
"There are conflicting views expressed by Single Benches of the Court with regard to compensation qua medical expenses payable to the victim under Section 163-A of the Act. In FAO No. 3874 of 2013, The Oriental Insurance Company Limited vs. Smt. Kulwinder Kaur and another decided on 26.7.2013, FAO No. 231 of 2008 United India Insurance Company Limited vs. Ved Parkash and another decided on 22.3.2017, FAO No. 4844 of 2014 Vijay Pal vs. Ved Parakash and another decided on 24.1.2018, it has been held that the injured is entitle to expenses incurred on medical treatment even if the amount exceeds Rs. 15,000/-.
Another Bench in Bajaj Allianz General Insurance Company Limited vs. Sonu and others FAO No. 505 of 2013 decided on 27.4.2016 has taken a contrary view that limitation set down under Section 163-A of the Act cannot be crossed over on imaginative grounds which are opposed to statuary provisions and limited claim for medical expenses is to the tune of Rs. 15000/- as against Rs. 3,00,727/- awarded by the Tribunal on the basis of
The main legal point established in the judgment is that under Section 163A of the Motor Vehicles Act, the claimant is not required to plead or establish the wrongful act, neglect, or default of the ....
Compensation under Section 163A of the Motor Vehicles Act must adhere strictly to the Second Schedule, excluding Future prospects and non-pecuniary damages.
The main legal point established in the judgment is that to claim compensation under 'No Fault Liability' (Section 163A), the victim must be an innocent bystander, and the accident must occur without....
Under Section 163(A) of the Motor Vehicles Act, claimants are not required to prove negligence; the onus lies on the insurer to establish any negligence to deny compensation.
Point of law: liability under Section 163A of the Act is on the owner of the vehicle as a person cannot be both, a claimant as also a recipient and, therefore, the heirs of the owner could not have m....
Claimants under the Motor Vehicles Act can opt to convert claims from Section 163A to Section 166 for comprehensive compensation assessments, reflecting the law's flexibility in addressing victims' n....
Claims under Section 163-A of the Motor Vehicles Act are maintainable for fatalities involving occupants of the insured vehicle, allowing strict statutory liability without proving negligence.
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