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april 2001

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.

THE ORIENTAL INSURANCE CO.LTD. vs HANSRAJBHAI V. KODALA · Niyam