Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Motor Vehicles Act-Sections 163-A and 166 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Motor Vehicles Act, 1988Sections 163-A and 166-Award passed under a proceeding under section 163-A of the Act-Bench of two judges referring the matter to a larger Bench doubting the correctness of the decision in Oriental Insurance Co. ltd v. Hansrajbhai V. Kodala and Ors., [2001] 5 SCC 175, wherein it was held that the award passed under Section 163-A of the Motor Vehicles Act, 1988 is a final award and not interim in nature-correctness of-Affirming the Kodala's case, the three Judges Bench held, Parliament inserted section 163-A to the Act for quick and efficacious relief by granting compensation on the basis of a structured formula envisaged under Second Schedule to the Act considering all relevant particulars and without insisting for the proof of negligence in causing the accident-Remedies envisaged under sections 163-A and 166 of the Act are distinct and separate and are both final remedies-Claimant cannot pursue both the remedies. Sections 140 and 163-A-Held, compensation paid under section 140 is ad-hoc in nature which shall be reduced/adjusted from the amount of compensation payable under the said Section or Section 163-A of the Act-Claim under section 140 is in addition to any other claim which may be made under any other law for the time being in force. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2004 INSC 184 |
Petitioner | Deepal Girishbhai Soni And Ors . |
Respondent | United India Assurance Co. Ltd., Baroda |
SCR | [2004] 3 S.C.R. 213 |
Judgement Date | 2004-03-18 |
Case Number | 3126 |
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