Role of negligence -- Sole submission by Insurance company that as the deceased himself contributed to the happening of accident, claimants are not entitled for compensation to the negligence attributed to the deceased – Held, contention is not meritorious because in a claim filed u/s 163-A of the Act, the Tribunal cannot examine if the occurrence is result of default or neglect of victim or deceased – Appeal fails and accordingly dismissed.

(P&H HC) Decided on: 17.02.2020

No-fault liability -- Motor vehicle accident claim case – There are three Sections, which empower the Claims Tribunal to award compensation to the claimant, viz., Section 140, Section 163A and Section 166 of the Act -- Section 140 deals with the cases for award of compensation based on the principle of no fault liability -- Section 163A of the Act deals with special provisions as to payment of compensation and is based on structured formula as specified in Second Schedule appended to the Act -- While claiming compensation payable under Section 140 and Section 163A of the Act, the claimant is not required to prove any wrongful act, neglect or default of the person concerned against whom the claim is made by virtue of Section 140 (4) and Section 163A (2) of the Act.

(SC) Decided on: 16.11.2018