IFFCO-TOKIO GENERAL INS. CO. LTD Vs. LALITA

JUDGEMENT

(1.) The present appeal has been preferred against the impugned judgment and award dtd. 19/12/2023 passed by the Motor Accident Claims Tribunal, Banswara in Motor Accident Claim Case No. 437/2021 whereby an amount of Rs.15,00,000.00 has been awarded in favour of the claimants.

(2.) Learned counsel for the appellant Insurance Company raised the following two grounds:-

(3.) Learned counsel for the respondents could not refute the fact that the claim in the present matter was filed under Sec. 163A of the Act of 1988 and hence, the claimants would be governed by the said provision as amended by the amendment introduced vide the gazette notification dtd. 22/5/2018. However, responding to the argument qua the negligence of the deceased driver, counsel submitted that it is a settled position of law that in claims under Sec. 163A of the Act of 1988, the negligence of the tortfeasor driver cannot be taken into consideration and an amount of Rs.5,00,000.00 is to be awarded irrespective of any finding qua negligence.