ORIENTAL INSURANCE CO LTD Vs. GH MOHD

JUDGEMENT

(1.) THE simple question arising out of these three appeals which are directed against a common Award is as to whether or not a Court can grant additional compensation to the victims in terms of section 163 -A of the Motor Vehicle Act (hereinafter referred to as Act) when compensation under section 140 of the Act has already been granted.

(2.) ACCORDING to Mr. Choudhary, appearing for the appellant -Company, it is either of the provisions which can be invoked and not both. He has put whole of his reliance on section 163 -B of the Act which reads as under: -"163 -B. Option to file claim in certain cases. Where a person is entitled to claim compensation under section 140 and section 163 -A, he shall file the claim under either of the said sections and not under both.

(3.) THE Act, is a Social Welfare Legislation which apart from a claim which can be preferred under common law, makes room for additional benefits. Section 163 -A provides for one of such additional benefits. The claims which can be made under section 140 are no fault claims where one made in terms of section 163 -A may be a fault claim.