IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKAS BAHL
Shakuntla – Appellant
Versus
Raj Singh – Respondent
JUDGMENT :
VIKAS BAHL, J.
1. Parents of the deceased-Rajesh have filed the present appeal for enhancement. The Motor Accident Claims Tribunal, Rewari, vide award dated 15.09.2009 had awarded an amount of Rs.2,93,000/- along with interest to the appellants as compensation for the death of Rajesh, which had taken place in an accident that had occurred on 18.05.2007.
2. Learned counsel for the appellants has submitted that the present appellants/claimants had filed a claim petition under Section 163A of the Motor Vehicles Act, 1988 (hereinafter to be referred as “the 1988 Act”). It is submitted that under issue No.1, the Tribunal had held that the accident in question resulting into the death of Rajesh had taken place while respondent No.1, who was driver of the vehicle, was driving the offending vehicle which was a truck bearing registration No.HR-47-C-0916. It is argued that after considering the said fact and also the fact that the driver had produced the driving licence (Ex.R2), which was held to be valid, the insurance company was also held liable. It is submitted that an amount of Rs.2,93,000/- was awarded as compensation. It is further submitted that the provisions of Section 163
Claimants are entitled to compensation under Section 164 of the Motor Vehicles Act, 1988, irrespective of negligence, with a fixed amount of Rs.5,00,000/- for death in a road accident.
The amended Second Schedule has to be taken into account in pending proceedings under Section 163A for deciding the quantum of compensation.
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