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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
HIRDESH
National Insurance Company Ltd. – Appellant
Versus
Harish Chandra Sengar – Respondent
ORDER :
HIRDESH, J.
This miscellaneous appeal has been preferred by the appellant/Insurance Company seeking setting aside of the impugned Award dated 12.12.2008 passed by the Third Motor Accident Claims Tribunal, Morena (hereinafter referred to as "Claim Tribunal") in Claim Case No. 117/2006, whereby the Claims Tribunal awarded compensation of Rs. 4,09,000/- to the respondent No.1/claimant.
2. In brief, the facts of the case are that the respondent No.1 filed a claim application under Section 163-A of the Motor Vehicles Act, 1988, seeking compensation to the tune of Rs. 19,00,000/- for permanent disability sustained by him in a road traffic accident dated 31.12.2005 while driving Truck bearing registration No. MP07-G-4430. It was alleged that on the said day, while driving towards Indore, the truck met with an accident with another truck bearing No. UP78-AT-4105, as a result of which the claimant sustained grievous injuries resulting in permanent disability to the extent of 50%. The claimant alleged that at the time of accident he was aged 35 years and drawing a monthly salary of Rs. 4,000/- along with a daily allowance of Rs. 30/- per day. The claim application was opposed by the app
The main legal point established in the judgment is the interpretation of the provisions under Section 163-A and Section 166 of the Motor Vehicles Act, emphasizing the distinction between the two sec....
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....
Compensation under Section 163-A of the Motor Vehicles Act applies retroactively, allowing beneficiaries of past accidents to claim updated compensation amounts.
Claimants cannot pursue compensation claims under both Sections 163-A and 166 of the Motor Vehicle Act simultaneously; they must choose one avenue for compensation.
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