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april 2001

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.

The Oriental Insurance Co. Ltd vs Hansrajbhai V. Kodala & Ors · Niyam