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1 - 10 of 13 (0.39 seconds)Section 166 in The Motor Vehicles Act, 1988 [Entire Act]
Section 168 in The Motor Vehicles Act, 1988 [Entire Act]
Section 151 in The Code of Civil Procedure, 1908 [Entire Act]
Section 163 in The Motor Vehicles Act, 1988 [Entire Act]
The Code of Civil Procedure, 1908
National Insurance Company Ltd vs Pranay Sethi And Others on 22 June, 2022
21. It is the contention of learned counsel for the claimants that
they are entitled for adding 40% of the annual income towards future
prospects though the claim petition is filed under Section 163A of the Act
16
VS,J
MACMA_9 of 2022 & 530 of 2021
as per National Insurance Company Limited Vs. Pranay Sethi and
Others (1st supra). It is observed in the said judgment that the
determination of income while computing compensation has to include
future prospects so that the method will come within the ambit and sweep
of just compensation as postulated under Section 168 of the Motor
Vehicles Act. Admittedly, compensation to be computed under Section
163 of the Motor Vehicles Act is based on a structured formula as it is
based on no fault liability, as discussed earlier. Once a claimant invokes
the provisions of Section 163A, the question of inclusion of pecuniary
compensation for non-tangibles and future prospects does not arise.
Branch Manager, Shriram General ... vs Dilu Rai And Ors on 4 April, 2022
22. Learned counsel for the claimants relied on several judgments
passed by a single bench of this Court, but, however, the Apex Court in
Deepal Girishbhai Soni and ors., Vs. United India Insurance
Company Limited (2nd supra), has already held that chapter XI of the
Motor Vehicles Act was enacted to provide immediate relief to a limited
class of victims whose annual income does not exceed Rs.40,000/- as
compensation under Section 163A and the same is determined on a
structured formula basis. The Apex Court further held that in a petition
under Section 163A of the Motor Vehicles Act, compensation has to be
granted to the claimants as per II Schedule of the Motor Vehicle Act,
which does not refer to awarding compensation under the head of future
prospects. Hence, it can be safely concluded that the claimants are not
entitled for compensation under any non-pecuniary heads except the
ones mentioned in the II Schedule of the Motor Vehicles Act.