- (1.) THE single Judge of this Court by his order dated 12th October, 2000 has referred the following questions for consideration and determination by the larger Bench. (one) Whether the award passed under section 163-A of the Motor Vehicles Act, 1988 being passed after detailed evidence as to Income, age and disability for compensation to be awarded under structured formula basis is in exclusion to the award passed under Section 166 on negligence basis by a Court of law ? (two) Whether an issue which has already been disposed of can be reopened for the purpose of proceeding under Section 166 ? (three) Whether under Sections 163-A and 166, two modes for determining the compensation one on fixed formula basis and the other on assumption basis to be determined by the Tribunal, the two proceedings are in exclusion of each other and proceeding under Section 163-A cannot be construed to be an interim compensation as under section 140 of the Motor Vehicles Act ? (fourth) Whether the judgment reported in 1999 WLC (UC) 185, in the case of Oriental Insurance Company Limited v. Nathu ram, needs to be reconsidered wherein the award passed under Section 163 has been held to be an interim award.
(2.) THE aforesaid questions arise from the facts which may briefly be noticed immediately hereinafter.
(3.) ON 28-7-1999 at about 12. 30 p. m. a seven year old child-Gajanand Sharma was returning home from the school. At that time, one car bearing registration No. RJ-27-C-8866 coming from Delhi dashed against him and as a result of the accident, the child sustained grave injuries and he died that very night.;