Page 83 - Motor Insurance Ebook IC 72
P. 83

Guide for Motor Insurance

Act w.e.f 14/11/1994. The details of the workout of the
structure and formula for calculation and payment of
compensation are provided in the Second Schedule of
the Act.

Accordingly, any person entitled for compensation under
Motor Vehicles Act, 1988, have the option to file a
regular application either under section 140 and section
166 or under special provisions relating to payment of
compensation on structured formula under Section 163-
A of the Motor Vehicles Act, 1988. This is applicable
only for case of death and or permanent disablement.

In any claim for compensation under sub-section (1),
the claimant shall not be required to plead or prove or
establish that the death or permanent disablement in
respect of which the claim has been made was due to
any wrongful act or neglect or default or the owner of
the vehicle or vehicles concerned or of any other
person.

And the quantum of compensation will be as per the
amount of compensation shown in the table in Second
Schedule based on the age and income of the injured/
deceased.

However, this special provision is not applicable to

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