Back
MEENAKSHI MADAN RAI, BHASKAR RAJ PRADHAN
Branch Manager, Shriram General Insurance Company Limited – Appellant
Versus
Dilu Rai – Respondent
JUDGMENT
Meenakshi Madan Rai, J. - (i). This matter has wound its way to this Court on account of the differing opinions expressed, on the aspect of addition of Future prospects to compensation on a Claim Petition filed under Section 163A of the MOTOR VEHICLES ACT , 1988 (for short, 'M. V. Act'), by two Benches of coordinate strength, comprising of the then Hon'ble Chief Justices, sitting singly, at different points in time.
(ii) A Single Bench of the then Hon'ble Chief Justice (Jain, CJ.), in The Branch Manager, Bajaj Allianz General Insurance Co. Ltd. v. Rita Thapa (Manger) and Others MAC App. No.02 of 2014 decided on 01-05-2014 : MANU/SI/0014/2014 (Sikkim), decided an Appeal impugning the award of the Learned Motor Accidents Claims Tribunal which inter alia computed 'Future prospects' and 'Taxi fare' in the compensation in a Claim Petition filed under Section 163A of the M. V. Act. The Single Bench in Appeal allowed compensation under the said heads but reduced the amount under the head 'Future prospects' while the amount for 'Taxi fare' remained unchanged.
(iii) Contrarily, in The Branch Manager, National Insurance Co. Ltd. v. Smt. Sujita Newar and Others Mac App. No.21 of 2014 d
Compensation under Section 163A of the Motor Vehicles Act must adhere strictly to the Second Schedule, excluding Future prospects and non-pecuniary damages.
Future prospects cannot be included in compensation calculations under Section 163A of the Motor Vehicles Act, as it operates under a structured formula distinct from Section 166.
The court established the ability to convert claims from Section 163-A to Section 166 of the Motor Vehicles Act, allowing for cases based on negligence to receive thorough examination and compensatio....
The amended Second Schedule has to be taken into account in pending proceedings under Section 163A for deciding the quantum of compensation.
The court clarified that claims under Section 163-A of the Motor Vehicles Act are limited to no-fault liability, while Section 166 allows for claims based on negligence, impacting the compensation aw....
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 ....
Section 163-A of the Motor Vehicles Act allows compensation without proving driver negligence, capping annual income at Rs.40,000, with emphasis on expeditious relief to claimants.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
