Page 152 - The Motor Vehicles Act, 1988

138 THE MOTOR VEHICLES ACT, 1988 SECTION 168

shall be paid and in making the award the Claims Tribunal shall specify the amount
which shall be paid by the insurer or owner or driver of the vehicle involved in the
accident or by all or any of them, as the case may be :
1 [PROVIDED that where such application makes a claim for compensation under section
140 in respect of the death or permanent disablement of any person, such claim and any other
claim (whether made in such application or otherwise) for compensation in respect of such death
or permanent disablement shall be disposed of in accordance with the provisions of Chapter X.]
(2) The Claims Tribunal shall arrange to deliver copies of the award to the parties
concerned expeditiously and in any case with a period of fifteen days from the date of
the award.
(3) When an award is made under this section, the person who is required to pay
any amount in terms of such award shall, within thirty days of the date of announcing
the award by the Claims Tribunal, deposit the entire amount awarded in such manner
as the Claims Tribunal may direct.
COMMENTS
As per section 168(2), the learned Tribunal is duty bound to deliver copy of the award to the
parties concerned expeditiously and in any case within a period of fifteen days from the date of the
award.—National Insurance Co. Ltd. v. F. Lalvena 2011 (101) AIC 862 (Gauhati H.C.)
Section 168 provides for the award of the Claims Tribunals, the Claims Tribunal shall, after
giving notice of the application to the insurer and after giving the parties an opportunity of being
heard, hold an inquiry into the claim or, as the case may be, each of the claims and, subject to the
provisions of section 162 may make an award determining the amount of compensation which
appears to it to be just.—Project Officer District Rural Development Agency v. Asharaf 2011 (104)
AIC 706 (Kerala H.C.)
The main consideration under the section is justness of the compensation. No compensation
which fails to balance loss and gain can be said to be just. The balancing of the loss of dependency
against the gains by acceleration is an incomplete, partial balancing of interest. A complete and
just balancing must take into account the loss of future savings and capital. This total balancing of
loss and gain is the essence of just compensation.—Nageema v. George Kuriakose AIR 1992
Ker 67
One of the important factors which is taken into account for computing just compensation is
the appropriate annual dependency of the dependants in terms of annual loss accruing to them
due to an abrupt termination of a life.—Shanti Devi v. C.S. Chadha AIR 1992 Del 373
Events which are almost certain to happen in future can be taken into consideration to
determine the annual loss so that the lump sum compensation which appears just can be
determined.—OSRTC v. R.R Das AIR 1990 Ori 74
The burden of proving that the accident was due to mechanical defect is on the owner and
it is his duty to show that he had taken all reasonable care and that despite such care the defect
remained hidden—Mewa Devi v. Ram Prakash Rajender Paul AIR 1990 HP 53
A policy providing insurance coverage in respect of any vehicle from a particular debt would
mean that the policy was in operation from that day and day means from midnight to midnight.—
K.N. Khresti v. K.P. Thakore AIR 1991 Guj 177
While awarding compensation approach must be a bit liberal especially where the deceased
was the sole bread earner in the family but at the same time attempt should also be made not to
fall into the trap of exorbitant claims.—Elizabeth Mathew v. DTC AIR 1990 Del 14

1 Omitted by the Motor Vehicles (Amdt.) Act, 2019 (32 of 2019), dt. 9-8-2019, w.e.f. 1-4-2022 vide SO
859(E), dt. 25-2-2022.