LAWS(DLH)-2012-3-388

ORIENTAL INSURANCE CO. LTD Vs. HARI SHANKER SHARMA

Decided On March 26, 2012
ORIENTAL INSURANCE CO. LTD Appellant
V/S
HARI SHANKER SHARMA Respondents

JUDGEMENT

(1.) The Appeal is for reduction of compensation of Rs. 7,38,200/- awarded for the death of Balister Sharma, who died in an accident which occurred on 23.01.2006. Respondents No. 1 to 4 preferred this Petition under Section 163-A of the Motor Vehicles Act (the Act).

(2.) It is urged by the learned counsel for the Appellant Insurance Company that in a Petition under Section 163-A of the Act, the compensation has to be awarded on the basis of the structured formula.

(3.) In MAC APP. No. 472/2010 titled Bajaj Allianz General Insurance Co. Ltd. v. Lilawati & Ors., decided on 14th February, 2012, this Court while dealing with Section 163-A of the Motor Vehicles Act has held as under: