Supreme Court of India · 2001-04-04
THE ORIENTAL INSURANCE CO.LTD. vs HANSRAJBHAI V. KODALA
- Citation / case number
- SC 1999/8215
- Court
- Supreme Court of India
- Petitioner
- THE ORIENTAL INSURANCE CO.LTD.
- Respondent
- HANSRAJBHAI V. KODALA
- Author
- D.P. MOHAPATRA M.B. SHAH
- Bench
- D.P. MOHAPATRA M.B. SHAH
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, not an interim measure. The Court held that the Claims Tribunal must assess compensation based on both no-fault liability under Section 163A and fault liability under Section 168, allowing claimants to pursue both avenues. The ruling emphasized the structured formula for compensation under Section 163A while affirming the right to seek further compensation based on fault.