Can Victim File Application For Compensation Conjointly Under Sections 166 And 163A Of Motor Vehicle Act? Apex Court To Decide

The Bench of Justice CT Ravikumar and Justice Sanjay Karol ordered, “The matter involves certain issues of seminal importance including a question whether a victim can file an application for compensation conjointly under Section 166 and 163A of the Motor Vehicle Act,1988.”

AOR Pradeep Misra appeared for the Petitioners.

A Special Leave Petition was filed by the U.P. State Road Transport Corporation (‘UPSRTC’)assailing the order passed by the Allahabad High Court allowing the appeal of the Respondents herein and modifying the amount of the compensation award passed by the Claims Tribunal from Rs. 2,42,092.43 to Rs. 9,36,900/-.

The UPSRTC was directed to pay the compensation within two months from the date of the order of the High Court.

The Counsel for UPSRTC had submitted before the High Court that the Respondents-Claimant had failed to prove his income and as such, notional income of Rs.15,000/- per annum has rightly been accepted by the Claims Tribunal. He said that the Claims Tribunal had erred in applying the multiplier of '18', whereas the multiplier of '17' would be applicable in view of the law laid down by the Apex Court in the case of Sarla Verma vs. Delhi Road Transport Corporation reported in 2009.

The Claimant-Respondent had submitted that he was a postgraduate in Indian History and had received grievous injuries in the accident, therefore, became permanently disabled to the extent of 60%. The accident occurred on account of rash and negligent driving of the driver of a bus owned by respondent UPSRTC.

Accordingly, the Court has issued notice in the petition.

Cause Title: U.P. State Road Transport Corporation & Anr. v. Jai Prakash & Anr.

Appearances:

Petitioners: AOR Pradeep Misra, Advocates Daleep Dhyani and Manoj Kumar Sharma

Click here to read/download the Order