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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARKESH MANUJA
United India Insurance Co. Ltd. – Appellant
Versus
Paramjit Kaur – Respondent
JUDGMENT :
Harkesh Manuja, J.
The present appeal has been filed by the appellant- Insurance Company to challenge the award dated 06.08.2019 passed by the learned Motor Accident Claims Tribunal, Jalandhar (in brevity, "the Tribunal"), whereby compensation of Rs.7,10,000 (round figure of actual compensation of Rs 7,09,750/-) has been awarded to the appellants/ claimants along with interest @ 7.5% per annum (or @ 10% per annum if compensation is not paid by the appellant- Insurance Company within 45 days from the date of receipt of copy of award).2. Respondents No. 1-4/claimants being dependents of deceased, Bakshish Ram, filed claim petition u/s 163-A of Motor Vehicles Act, 1988 (hereinafter referred as "the Act") before the Tribunal praying for grant of compensation to the tune of Rs. 30,00,000/- on account of his death in the accident which took place on 12.11.2015.
3. Learned Tribunal held that death of the deceased occurred due to the accident and awarded compensation in the following manner:-
S.No | Heads of Claim | Amount (in Rs) |
1. | Loss of dependency | Rs.5,19,700/- |
2. | Funeral expenses | Rs.15,000/- |
3. | Loss of consortium | Rs.1,60,000/- |
4 | Loss of Estate | Rs.15,000/- |
Total | Rs. 7,09,750 (rounded off to Rs 7,1 |
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 amended Second Schedule has to be taken into account in pending proceedings under Section 163A for deciding the quantum of compensation.
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....
Compensation claims under Section 163A of the Motor Vehicles Act, 1988 are contingent upon the claimant's income being below the statutory threshold, while recent amendments enhancing compensation ar....
The court emphasized the necessity of just and proper compensation, re-evaluating existing compensation based on subsequent economic realities.
The amendment to Section 163A of the Motor Vehicles Act applies to pending claims, ensuring claimants receive the benefits of the new compensation schedule.
The court clarified that claims under Section 166 of the Motor Vehicles Act require consideration of future prospects in compensation calculations, leading to an enhancement of the awarded amount.
Compensation caps set under Section 163(A) of the Motor Vehicles Act limit claims despite evidence of income loss. Courts must adhere to statutory ceilings while ensuring justice to claimants.
Claimants are entitled to compensation under amended Motor Vehicles Act without proving negligence, with the retroactive application of compensation limits.
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