Supreme Court of India · 2001-04-04
The Oriental Insurance Co. Ltd vs Hansrajbhai V. Kodala & Ors
- Citation / case number
- AIR 2001 SUPREME COURT 1832
- Court
- Supreme Court of India
- Petitioner
- The Oriental Insurance Co. Ltd
- Respondent
- Hansrajbhai V. Kodala & Ors
- Bench
- M.B. Shah, D.P. Mohapatra
Judgment text excerpt
The Supreme Court clarified that compensation under Section 163A of the Motor Vehicles Act, 1988 is an alternative to compensation determined under Section 168, rather than an interim measure. The Court held that the structured formula for compensation under Section 163A does not negate the right to seek compensation based on fault liability under Section 168. The judgment of the High Court was set aside, affirming that claimants can pursue compensation under both provisions sequentially.