KALAL VASANTIBEN BANSIBHAI Vs. SHABBHIRBHAI CHANDRAKHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award dated 16th August 2005 passed by the Motor Accident Claims Tribunal, (Main), Sabarkantha at Himatnagar (for short, "the Tribunal") in Motor Accident Claim Petition No.119 of 2010 whereby, the application preferred u/s. 163-A of the Motor Vehicles Act, 1988 (for short, "the Act") the insurance company was exonerated from the liability to pay the compensation.

(2.) THE original claimants had filed the aforesaid Motor Accident Claims Petition claiming compensation as per the structured formula under No Fault Liability in respect of death of Vinodbhai, son of the petitioners who died in a motor vehicle accident which occurred on 5th March 1999 at about 5.45 AM in the sim of village Asal on Himatnagar ? Shmlaji Road. THE said application came to be partly allowed by the Tribunal and the original opponent No.2 was held liable to pay an amount of Rs.3,08,500 by way of compensation along with interest @ 9 per cent per annum from the date of the petition till its realization to the claimants. Being aggrieved by the same, the appellant ? claimant has approached this Court by way of this appeal.

(3.) HEARD learned counsel for the parties and perused the documents on record. It is not in dispute that the appellant received injuries in the accident. On a plain reading of the Section 163-A, it is very clear that it provides for special provisions as to the payment of compensation on a structured-formula basis. The legislative intent behind the enactment of the said Section was to provide for the making of an award consisting of a predetermined sum, without insisting on a long-drawn-out trial or without proof of negligence in causing the accident. The said Section is subject to the Second Schedule appended thereto and provides for the grant of immediate relief to a section of the people whose annual income is not more than Rs.40,000/-.