JUDGEMENT
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(1.)WITH the consent of parties, the petition is finally disposed of. This petition has been filed by the petitioner -Insurance Company against the settlement dated 26th February, 2011 entered between the parties before the Lok Adalat in Miscellaneous Appeal No. 311/2009.
(2.)THE claimant -respondent No. 1 filed a claim under Section 163A of Motor Vehicles Act 1988 [hereinafter referred to as "the Act"]. The Claims Tribunal rejected the claim on the ground that the claimant failed to prove any permanent disability caused to him. Hence, his claim under Section 163A of the Act was not maintainable. Thereafter, the matter was compromised between the parties i.e. between the petitioner -Insurance Company and the respondent No. 1 before the Lok Adalat. The petitioner -Insurance Company had agreed to pay a compensation of Rs. 25,000/ - to the claimant.
Section 163A of the Act provides special provisions in regard to payment of compensation on structured formula basis.
(3.)SECTION 163A of the Act reads as under: -
163 -A. Special provisions as to payment of compensation on structured formula basis. -(1) Notwithstanding anything contained in this Act or in any other lad for the time being in force or instrument having the force of law, the owner of the motor vehicle or the authorized insurer shall be liable to pay in the case of death or permanent disablement due to accident arising out of the use of motor vehicle, compensation, as indicated in the Second Schedule, to the legal heirs or the victim, as the case may be.
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