JAGDISH SINGH TOMAR Vs. VIJAY SINGH TOMAR

JUDGEMENT

(1.) This miscellaneous appeal has been filed by the claimant under Section 173 of the Motor Vehicles Act, 1988 being aggrieved by award dated 22.02.2006 passed by the motor Accident Claims Tribunal, Gwalior in Claim Case No.40/2005, whereby the Tribunal has rejected the claim on account of the fact that appellant Jagdish Singh Tomar has filed a claim under Section 163A of the Motor Vehicles Act (hereinafter for short referred to as "Act") and since no permanent disability has occurred in the body of claimant Jagdish Singh Tomar, therefore, he is not entitled to any compensation under Section 163A of the Act.

(2.) Learned counsel for the appellant submits that the Second Schedule appended to the Motor Vehicles Act under Section 163A provides for a Schedule for compensation for third party fatal accidents/injury cases claims on structured formula basis and has placed reliance on the judgment of the Hon'ble Supreme Court in the case of Deepal Girishbhai Soni & Others v. United India Insurance Co. Ltd. As reported in 2004 ACJ 934, wherein it has been held that the award under Section 163A of the Act is not interim and the claimants are not entitled to pursue their claim under Section 166 of the Act and it is also held that the adequate compensation under structured formula has to be paid.

(3.) On the other hand, the learned counsel for the Insurance Company has placed reliance on the judgment of the Kerala High in the case of National Insurance Company Ltd. v. Jabbar & another as reported in 2007 ACJ 1371, wherein it has been held that when there is neither certificate by a competent authority as to the permanent disablement nor a finding of the Tribunal that the claimant suffered from any permanent disablement, the Tribunal was not justified in awarding the compensation.