NATIONAL INSURANCE COMPANY LTD Vs. P C CHACKO

JUDGEMENT

(1.) (i) How is the amount payable in the case of death under Section 163A of the Motor Vehicles Act ('the Act' hereafter) to be ascertained

(2.) These very fundamental doubts/questions seem to disturb and vex Tribunals in the State. In matters coming up before us for admission and hearing in this jurisdiction we are able to perceive gross and chaotic confusion in the minds of tribunals and we are hence persuaded to consider the questions in detail to afford guidelines for the Tribunals.

(3.) These appeals are preferred by the authorised insurer, who has suffered directions under a common award under Section 163A of the Act to pay an amount of Rs.1,65,000/- each to the common claimant. The challenge of the appellant/insurer is directed against the quantum of compensation awarded. The respondent/claimant, an elderly person, aged about 74 years, has preferred Cross Objections. In the Cross Objections, he contends that the entire claim of Rs.2 lakhs must have been awarded by the Tribunal in both cases as compensation under Section 163A of the Motor Vehicles Act.