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accident claims cases

(Querist) 28 May 2008 This query is : Resolved 
whether sec.163A cover the cases where the negligence is on the vitim him self

Prakash Yedhula (Expert) 28 May 2008
163A. Special provisions as to payment of compensation on structured formula basis.
1[163A. Special provisions as to payment of compensation on structured formula basis.

(1) Notwithstanding anything contained in this Act or in any other law for the time being in force or instrument having the force of law, the owner of the motor vehicle or the authorised insurer shall be liable to pay in the case of death or permanent disablement due to accident arising out of the use of motor vehicle, compensation, as indicated in the Second Schedule, to the legal heirs or the victim, as the case may be.

Explanation.-For the purposes of this sub-section, "permanent disability" shall have the same meaning and extent as in the Workmen's Compensation Act, 1923 (8 of 1923).

(2) In any claim for compensation under sub-section (1), the claimant shall not be required to plead or establish that the death or permanent disablement in respect of which the claim has been made was due to any wrongful act or neglect or default of the owner of the vehicle or vehicles concerned or of any other person.

(3) The Central Government may, keeping in view the cost of living by notification in the Official Gazette, from time to time amend the Second Schedule.

Section 163A has been added by amending Act 54 of 1994 w.e.f. 14.11.94 whereby special provision as to payment of compensation on structural formula basis has been provided. This provision is being introduced to provide compensation to the third party victims without proving negligence or tortious act. Schedule-II has been appended to the Act to give such structural formula. Hon'ble Supreme Court has held that award under Section 163A is final, independent and not in addition of award in claim petition under Section 166 where claim is sought on negligence basis. Thus, one can claim compensation in either of the Section.
Ladhu Ram Chowdhary (Querist) 28 May 2008
what is the cases law about 2008

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