Under Section 163A, not need to be reckless for compensation: High Court


Sourah Malik
Chandigarh, January 30th

The Punjab and Haryana High Court is made by compensation under Section 163A of the Motor Vehicle Act, “No-Fault Libelity” is not negligent to compensate the victims of road accidents.
Justice Sureshwar Thakur and Justice Kirti Singh’s bench announced this decision in the case of a road accident, which is related to the road accident caused by the tractor of the warning. The court examined the main provisions of the law to determine how compensation should be calculated. It states that in a claim under Section 163A, the victim does not need to be negligent or guilty of the other party vehicle.

The bench clarified that the given amount given was determined using the structural formula of the Act in the second schedule. It was different from other motor accident claims. The “cooperating method” used in other claims to evaluate the long-term loss was not required under this section.

The court further said that the vehicle owner is responsible for paying compensation, as Section 140 of the Act has made the employer to take the responsibility to carry responsibility for the owner and the owner must have taken responsibility.

Dismistening the objections to the insurance company, the court decides that medical costs cannot be challenged by medical costs if they were based on the medical scales, as the claim was based on the documentary evidence. He also noticed that if compensation was already given under the principle of “No-Fault” in the principle, it should be adjusted against any additional claims under various sections of the Act.

Immediateing legal principles, the High Court retained the decision of the accident victim claim. The objection to the insurance company was rejected by the insurance company on medical costs, because they were supported by the original medical bills. The court insisted that the motor Vehicle Act accident was designed to ensure an impartial and a judicial compensation for the victims and the law should be applied in the way it is maintained.

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