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1 - 8 of 8 (0.39 seconds)Jagdish Singh Tomar vs Vijay Singh Tomar on 4 May, 2017
9-2003. Section 163A provides for
compensation on no fault liability for death or
permanent disability. In absence of the proof
that appellant sustained any permanent
disability in the alleged accident, appellant is
not entitled to claim compensation. In view of
the above discussion, I find no merit in this
appeal so as to warrant interference with the
impugned award. Consequently appeal being
devoid of substance is hereby dismissed
4
HIGH COURT OF MADHYA PRADESH
MA No.662/2006
(Jagdish Singh Tomar v. Vijay Singh Tomar & Another)
Gwalior, Dated : 31.01.2019
summarily."
Deepal Girishbhai Soni And Ors vs United India Insurance Co. Ltd., Baroda on 18 March, 2004
Learned counsel for the appellant submits that the
Second Schedule appended to the Motor Vehicles Act under
Section 163A provides for a Schedule for compensation for
third party fatal accidents/injury cases claims on structured
formula basis and has placed reliance on the judgment of the
Hon'ble Supreme Court in the case of Deepal Girishbhai
Soni & Others v. United India Insurance Co. Ltd. As
reported in 2004 ACJ 934, wherein it has been held that
the award under Section 163A of the Act is not interim and
the claimants are not entitled to pursue their claim under
Section 166 of the Act and it is also held that the adequate
compensation under structured formula has to be paid.
National Insurance Company Limited vs K.M. Jabbar on 12 October, 2006
On the other hand, the learned counsel for the
Insurance Company has placed reliance on the judgment of
2
HIGH COURT OF MADHYA PRADESH
MA No.662/2006
(Jagdish Singh Tomar v. Vijay Singh Tomar & Another)
Gwalior, Dated : 31.01.2019
the Kerala High in the case of National Insurance
Company Ltd. v. Jabbar & another as reported in
2007 ACJ 1371, wherein it has been held that when there
is neither certificate by a competent authority as to the
permanent disablement nor a finding of the Tribunal that the
claimant suffered from any permanent disablement, the
Tribunal was not justified in awarding the compensation.
Section 166 in The Motor Vehicles Act, 1988 [Entire Act]
Section 173 in The Motor Vehicles Act, 1988 [Entire Act]
Prabhu Lal vs Babulal And Anr. on 24 April, 2006
Similarly, reliance has been placed on the judgment of
the Madhya Pradesh High Court at Indore Bench in the case
of Prabhu Lal v. Babulal & another as reported in
2007 ACJ 2748, wherein again it has been held that when
there is evidence that the driver suffered any injury resulting
in permanent disablement, then the driver is not entitled to
claim compensation under Section 163A of the Act. It will be
profitable to extract paragraph 6 of the said judgment, which
is as under :-
(A ) Shrimati Bharti vs Monasi Bhatra 13 Wpc/170/2018 Ajay ... on 22 January, 2018
In this
regard, the judgment of the Bench of this Court in the case
of Smt. Bharti Tripathi Vs. Smt. Munni Devi and another
decided in M.A No. 1223/2005 on 25.01.2018 is also
relevant.
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