SHRIRAM GENERAL INSURANCE CO. LTD Vs. ASIF

JUDGEMENT

(1.) Heard Sri Pawan Kumar Singh, learned counsel for the appellant and Sri Ram Singh, learned counsel for the respondents.

(2.) This appeal has been filed by the insurance company being aggrieved by award dated 21.08.2014 passed by learned Motor Accident Claims Tribunal/Additional District Judge, Court No. 1, Aligarh on the following grounds namely:-

(3.) Learned counsel for the appellant- insurance company has place reliance on the judgment of the Hon'ble Supreme Court in case of Deepal Girishbhai Soni and others vs. United India Insurance Co. Ltd., Baroada as reported in AIR 2004 SC 2107 wherein it has been held that by reason of Section 163-A, compensation is required to be determined on the basis of a structured formula whereas in terms of Section 140, only a fixed amount is to be given. It has been further held that a provision of law providing for compensation is presumed to be final in nature unless a contra is indicated, in the statutes either expressly or by necessary implication. Similarly, reliance has been placed on the judgment of United India Insurance Co. Ltd. vs. Kaushalya Devi and others decided by High Court of Delhi in M.A.C. Appeal No. 898 of 2006 decided on 14.03.2007 and as reproduced from wherein it has been held that the tribunal cannot assess compensation in excess of annual income of Rs. 40,000/- as stipulated in the second schedule to the Motor Vehicles Act, 1988. Reliance is also placed on the judgment of Hon'ble Supreme Court in case of United Indian Insurance Co. Ltd. vs. Sunil Kumar and others as reported in 2018 (1) TAC 3 (SC) wherein it has been held that grant of compensation under Section 163-A on the basis of structured formula is in nature of final award and adjudication thereunder is required to be made without any requirement of any proof of negligence of driver/owner of vehicle involved.