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Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Section 164 (post-2019 amendment): Replaced Section 163-A and broadens the scope by removing the income cap, allowing claims from any income level. It emphasizes payment of compensation in cases of death or grievous hurt but does not require claimants to prove negligence or wrongful act. Instead, it simplifies the process, making it more accessible and beneficial for claimants, and explicitly states that the compensation payable is Rs. 5 lakh for death cases. It also consolidates previous provisions, combining the benefits of Sections 140 and 163-A, and clarifies that the claimant need not establish fault.
Main Points & Insights:
The amendments aim to enhance claimant benefits, as seen in the increased compensation amounts and removal of income restrictions ["KAUSALYA DEVI Vs ROSHAN LAL AND ORS - Punjab and Haryana"], ["SANTRO DEVI AND ORS. Vs DESH RAJ AND ORS. - Punjab and Haryana"], ["SIKANDER ABBAS JAFRI vs AJIT KUMAR AND OTHERS - Punjab and Haryana"].
Analysis and Conclusion:
Motor vehicle accidents and criminal investigations often intersect in legal proceedings, leading to confusion over specific statutory provisions. A common query arises: what is the difference between 163 A and 164? These sections—Section 163-A of the Motor Vehicles Act, 1988, and Section 164 of the Code of Criminal Procedure, 1973 (CrPC)—serve entirely distinct purposes. While Section 163-A offers a no-fault compensation scheme for accident victims, Section 164 provides a procedural mechanism for recording statements during investigations. This blog post breaks down their scopes, applications, and judicial interpretations to clarify these differences for claimants, insurers, and legal professionals.
Section 163-A introduces a no-fault, structured formula-based scheme for awarding compensation in motor accident cases, primarily benefiting claimants with an annual income up to Rs. 40,000. National Insurance Co. Ltd. VS K. M. Jabbar - 2006 0 Supreme(Ker) 652 This provision ensures speedy relief without the need to prove negligence or fault, embodying social security principles. The compensation is calculated using a fixed formula, making the award final and binding. National Insurance Co. Ltd. VS K. M. Jabbar - 2006 0 Supreme(Ker) 652Deepal Girishbhai Sonis VS United India Insurance Co. LTD. Baroda - 2004 3 Supreme 602
Key features include:- Applicability: Limited to low-income victims; overrides fault-based claims under Section 166.- No defenses for insurers: Insurers cannot contest claims based on the victim's negligence. Universal Sompo General Insurance Co. Ltd. VS Pushpa Kanwar W/o Late Shri Prem Singh - 2024 Supreme(Raj) 920 As noted, insurers cannot raise defenses of negligence against the claimants under this section. UNIVERSAL SOMPO GENERAL INSURANCE CO. LTD. Vs. PUSHPA KANWAR - 2024 Supreme(Online)(RAJ) 26965- Independence: Claimants cannot pursue remedies under both 163-A and 166 simultaneously. National Insurance Co. Ltd. VS K. M. Jabbar - 2006 0 Supreme(Ker) 652
Courts have emphasized that this departs from traditional tort liability, prioritizing quick payouts. For instance, in cases where the deceased was the tortfeasor, compensation under 163-A was upheld at Rs. 5,00,000, regardless of negligence defenses. UNIVERSAL SOMPO GENERAL INSURANCE CO. LTD. Vs. PUSHPA KANWAR - 2024 Supreme(Online)(RAJ) 26965
In contrast, Section 164 CrPC empowers Magistrates to record statements or confessions from accused persons or witnesses during police investigations. National Insurance Co. Ltd. VS K. M. Jabbar - 2006 0 Supreme(Ker) 652MOHAMMED AJMAL MOHAMMAD AMIR KASAB @ ABU MUJAHID VS STATE OF MAHARASHTRA - 2012 6 Supreme 1 These are public documents as they constitute judicial acts by public officers. National Insurance Co. Ltd. VS K. M. Jabbar - 2006 0 Supreme(Ker) 652MOHAMMED AJMAL MOHAMMAD AMIR KASAB @ ABU MUJAHID VS STATE OF MAHARASHTRA - 2012 6 Supreme 1
Important aspects:- Procedural safeguard: Ensures statements are voluntary and accurately documented.- Not substantive evidence: Used for corroboration, not direct proof of guilt. Baij Nath Sah VS State of Bihar - 2010 3 Supreme 667- Access restrictions: Copies or inspection rights are limited until cognizance is taken or final reports filed; only those with substantial interest qualify. National Insurance Co. Ltd. VS K. M. Jabbar - 2006 0 Supreme(Ker) 652Union of India VS S. Srinivasan - 2012 0 Supreme(SC) 399
Statements under Section 164 are judicial records, not evidence per se, distinguishing them from trial testimonies. National Insurance Co. Ltd. VS K. M. Jabbar - 2006 0 Supreme(Ker) 652
The provisions operate in different legal domains—civil compensation versus criminal procedure. Here's a comparative overview:
| Aspect | Section 163-A (MV Act) | Section 164 (CrPC) ||---------------------|------------------------------------------------|------------------------------------------------|| Purpose | Speedy, no-fault compensation National Insurance Co. Ltd. VS K. M. Jabbar - 2006 0 Supreme(Ker) 652 | Record statements/confessions National Insurance Co. Ltd. VS K. M. Jabbar - 2006 0 Supreme(Ker) 652 || Nature | Civil, substantive scheme National Insurance Co. Ltd. VS K. M. Jabbar - 2006 0 Supreme(Ker) 652 | Criminal procedural safeguard National Insurance Co. Ltd. VS K. M. Jabbar - 2006 0 Supreme(Ker) 652 || Legal Effect | Final, binding award National Insurance Co. Ltd. VS K. M. Jabbar - 2006 0 Supreme(Ker) 652 | Judicial records, not substantive evidence National Insurance Co. Ltd. VS K. M. Jabbar - 2006 0 Supreme(Ker) 652Baij Nath Sah VS State of Bihar - 2010 3 Supreme 667 || Applicability | Motor accidents, income ≤ Rs.40,000 National Insurance Co. Ltd. VS K. M. Jabbar - 2006 0 Supreme(Ker) 652 | Investigations by police MOHAMMED AJMAL MOHAMMAD AMIR KASAB @ ABU MUJAHID VS STATE OF MAHARASHTRA - 2012 6 Supreme 1 || Rights/Access | Direct claim to tribunal | Restricted copies until cognizance Union of India VS S. Srinivasan - 2012 0 Supreme(SC) 399 |
These distinctions ensure Section 163-A facilitates victim relief without litigation delays, while Section 164 upholds investigation integrity. National Insurance Co. Ltd. VS K. M. Jabbar - 2006 0 Supreme(Ker) 652
Courts have reinforced these boundaries. Section 164 statements are deemed public documents due to Magistrates' judicial role. National Insurance Co. Ltd. VS K. M. Jabbar - 2006 0 Supreme(Ker) 652MOHAMMED AJMAL MOHAMMAD AMIR KASAB @ ABU MUJAHID VS STATE OF MAHARASHTRA - 2012 6 Supreme 1 Rights to copies arise post-cognizance, protecting ongoing probes. National Insurance Co. Ltd. VS K. M. Jabbar - 2006 0 Supreme(Ker) 652Union of India VS S. Srinivasan - 2012 0 Supreme(SC) 399
For Section 163-A, tribunals may convert claims to Section 166 for negligence-based higher awards, reflecting victim protection intent. In one case, a claim under 163-A was converted at appeal, enhancing compensation. Mamta VS Happy - 2024 Supreme(P&H) 487
Additionally, If it is held that the right of the owner of the vehicle or the insurance company to prove negligence... is kept alive whole purpose of introducing section 163-A... will be frustrated. Suresh Sakharam Kadam VS Transport Manager, Thane Municipal Transport - 2017 Supreme(Bom) 770 This underscores no-fault liability.
Section 163-A excludes owner-involved claims, focusing on third-party victims. S. P. Anand VS H. D. Devegowda - 1996 8 Supreme 1
Note the 2019 amendment to the MV Act, effective 01.04.2022, substituted Chapter XI (Sections 145-164), merging Sections 140 and 163-A into a new Section 164 for hit-and-run compensation, increasing amounts. Mamta VS Happy - 2024 Supreme(P&H) 487 However, this MV Act Section 164 differs from CrPC 164 and applies prospectively. Pre-amendment cases still rely on 163-A. Tribunals erred in retroactively applying the new 164, but awards matched 163-A amounts. Universal Sompo General Insurance Co. Ltd. VS Pushpa Kanwar W/o Late Shri Prem Singh - 2024 Supreme(Raj) 920UNIVERSAL SOMPO GENERAL INSURANCE CO. LTD. Vs. PUSHPA KANWAR - 2024 Supreme(Online)(RAJ) 26965
Insurers remain barred from negligence defenses under 163-A, ensuring expedited payouts. K.SEKAR vs S.R.S.TRAVELS - 2021 Supreme(Online)(MAD) 3746
In structured claims, multipliers are victim-age based, with fixed schedules. Excess awards beyond formulas are curtailed on appeal. Oriental Insurance Co. Ltd. VS Baby - 2008 Supreme(Ker) 792
Always consult a legal expert, as outcomes vary by facts.
Section 163-A MV Act provides swift, fault-free compensation for modest-income accident victims, yielding final awards. Section 164 CrPC ensures reliable statement recording as public documents with access curbs. Their differences—civil vs. procedural, substantive vs. evidentiary—prevent overlap. Recent MV Act amendments introduce a new Section 164, but core distinctions persist. National Insurance Co. Ltd. VS K. M. Jabbar - 2006 0 Supreme(Ker) 652
This overview offers general insights; it is not legal advice. For personalized guidance, contact a qualified attorney. Stay informed on amendments to navigate claims effectively.
References:1. National Insurance Co. Ltd. VS K. M. Jabbar - 2006 0 Supreme(Ker) 652: Core differences and interpretations.2. MOHAMMED AJMAL MOHAMMAD AMIR KASAB @ ABU MUJAHID VS STATE OF MAHARASHTRA - 2012 6 Supreme 1: Section 164 as public documents.3. Union of India VS S. Srinivasan - 2012 0 Supreme(SC) 399: Copy rights.4. Deepal Girishbhai Sonis VS United India Insurance Co. LTD. Baroda - 2004 3 Supreme 602: 163-A finality.5. Mamta VS Happy - 2024 Supreme(P&H) 487: 2019 amendments.
#MotorVehiclesAct #Section163A #CrPC164
Accordingly, the award dated 02.04.2010 is modified by converting the claim petition under Section 163-A (pre 2018 amendment) to Section 164 (post 2018 amendment) of the Motor Vehicles Act, 1988. ... Since Section 163-A of Motor Vehicles Act, 1988 is now substituted by Section 164 of Motor Vehicles Act, 1988 (Act 32 of 2019 w.e.f 01.04.2022), compensation is liable to be enhanced as per the substituted statutory provision i.e. ... ii) That Section 163-A of Motor Vehicles Act, 1988 is now substituted by....
Accordingly, the award dated 04.03.2010 is modified by converting the claim petition under Section 163-A (pre 2018 amendment) to Section 164 (post 2018 amendment) of the Motor Vehicles Act, 1988. ... Since section 163-A of Motor Vehicles Act, 1988 is now substituted by Section 164 of Motor Vehicles Act, 1988 (Act 32 of 2019 w.e.f 01.04.2022), compensation is liable to be enhanced as per the substituted statutory provision i.e. ... ii) That Section 163-A of Motor Vehicles Act, 1988 is now substituted by....
Learned counsel for the petitioner submits that in proceedings No.E/348/2024, dated 03.07.2024, respondent No.3 had invoked jurisdiction under Section 163 and 164 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’ for brevity) in respect of land in Survey No.398, 399. 400. 588. 589 and 587 in Weepanagandal ... Section 164(1) is extracted hereunder: 164. Procedure where dispute concerning land or water is likely to cause breach of peace. ... He would further submit that Section 164 of BNSS would con....
Chapter 11 (containing Sections 145 to 163, 163-A, 163-B and 164) is substituted by the Act 32 of 2019 w.e.f 01.04.2022. ... Sections 140 and 163-A and now after the 2019 amendment the amount of compensation is also increased and by combining both the Sections i.e. Section 140 and 163-A, there is only one Section i.e. Section 164 . ... Section 164 of the Motor Vehicles (Amendment) Act, 2019 (32 of 2019) is reproduced as under:- Section 164....
in the cases mentioned in ss 164, 165, 166 and 170. ... [32] Bagi memudahkan analisa mengenai isu ini yang melibatkan s 163 KTJ, sewajarnya peruntukan tersebut diperturunkan yang mana ia memperuntukkan: "163. ... every such charge shall be tried separately, except in the case mentioned in ss 164, 165, 166 and 170." ... Sama Ada Majistret Gagal Mematuhi Peruntukan Seksyen 163 KTJ [2018] MLRAU 165 yang mana Yaacob Hj Sam, HMP telah menyentuh mengenai pemakaian s 163 KTJ dan menyatakan:....
164, 165, 166 and 170. ... in the case mentioned in ss 164, 165, 166 and 170." ... [32] Bagi memudahkan analisa mengenai isu ini yang melibatkan s 163 KTJ, sewajarnya peruntukan tersebut diperturunkan yang mana ia memperuntukkan: "163. ... Sama Ada Majistret Gagal Mematuhi Peruntukan Seksyen 163 KTJ [29] OKT telah membangkitkan isu mengenai kecacatan pada prosiding di hadapan Mahkamah Majistret kerana bercanggah dengan s 163 Kanun Tatacara Jenayah (KTJ). ... PP yang mana Yaacob Hj Sam....
But then, the decision of the present claim petition, in terms of Section 164 of the Act, would even otherwise, not make any difference so far as the compensation amount/claim awarded is concerned. 12. ... So far as the decision of the claim petition by the learned Tribunal under Section 164 of the Act is concerned, learned counsel submitted that the same would even otherwise make no difference as the intent of both the provisions remains the same and even the compensation as payable ... At this stage itself, it is rele....
But then, the decision of the present claim petition, in terms of Section 164 of the Act, would even otherwise, not make any difference so far as the compensation amount/claim awarded is concerned. 12. ... So far as the decision of the claim petition by the learned Tribunal under Section 164 of the Act is concerned, learned counsel submitted that the same would even otherwise make no difference as the intent of both the provisions remains the same and even the compensation as payable ... At this stage itself, it is rele....
Likewise if the insurer contend that the claimants under Section 163-A of the Motor Vehicles Act should prove the negligence of the offending vehicle, then there will be no difference between Section 163-A and Section 166 of the Motor Vehicles Act. ... At this juncture, it is also to be noted that the difference between Section 163(A) and 166 lie in the income cap of Rs.40,000/- p.a, and the exemption to prove negligence of the vehicle owner or vehicle concern or any other person. ... This is made expli....
Chapter XI which bears the similar provision in Section 164 of the Act, is now incorporated. Be that as it may, for our purposes, what is relevant is that at the time when the accident occurred, it was Section 163-A of the Act, which was applicable. 10. ... This is made explicit by Section 163- A(2). ... Section 163-A of the Act reads as under:- Section 163-A – Special provisions as to payment of compensation on structured formula basis [1]Notwithstanding anything contained in this Act or in any other ....
6. THIRD ISSUE: WHETHER THE ASSESSEE IS INELIGIBLE TO CLAIM THE BENEFIT OF SEC. 2(15) OF THE ACT (Being Question in Tax Appeal nos. The return of income declaring a loss of 94,15,94,712/- was filed by the Assessee on 30.09.2009. Subsequently, on the case being taken up u/s. 143(2), the Assessee submitted that it was constituted under the Gujarat Maritime Board Act, 1981 and was engaged in the activity of administering, controlling and managing minor ports in the State of Gujarat. 157, 158, 159, 160, 162, 163 and 164 respectively of 2020) 6.1
If it is held that the right of the owner of the vehicle or the insurance company to prove negligence or wrongful act or default of the victim is kept alive whole purpose of introducing of section 163-A by the legislature will be frustrated. If this right is to be recognised as implied or to be read in the context of section 163-A, then we do not think that there would remain any difference between sections 163-A and 166. 20. In the case of Ramdevsingh V. Chudasma vs. Hansrajbhai V. Kodala, 1999 ACJ 1129 (Gujarat), a Division Bench of Gujarat High Court has categorically he....
Table 1: Difference Between Section 163-A and Section 166 In this connection, we give below the differences between sections 166 and 163-A on the basis of various decisions of this court: 1. The victims are not required to prove negligence under this section.
In Section 163-A claims, age of the victim (22 years) alone is considered in fixing the multiplier and calculating compensation. In this case, Tribunal has calculated compensation strictly in accordance with the claims under section 163-A. Table 1: Difference Between Section 163-A and Section 166
Article 163 and 164 reads as under:-Article 163: (1) Article 163 and 164 occurring in Part VI of the constitution deals with the Council of Ministers, appointment of Chief Minister and the other Ministers. (2) If any question arises whether any matter is or is not a matter as respect of which the Governor is by or under this constitution required to act in his discretion, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not b called in question on the ground that he ought or ought not to have acted in his....
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