IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.5585 of 2004 (O&M) Date of decision:27.09.2010 National Insurance Company Limited ....Appellant versus Om Parkash Ahuja and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. L.M.Suri, Senior Advocate, with Mr. Neeraj Khanna, Advocate, for the appellant. None for the respondents. ---- 1. Whether reporters of local papers may be allowed to see the judgment ? 2. To be referred to the reporters or not ? 3. Whether the judgment should be reported in the digest ? ---- K.Kannan, J.(Oral) 1. The Insurance Company is in appeal challenging liability in a case of collision between a scooter and a car. The claimant, who was scooterist, sought for an award under Section 163-A of the Motor Vehicles Act. The claimant had contended in the petition itself that he was drawing Rs.6,500/- and the salary particulars were also available through the evidence of PW2, his employer, who said that he was paying Rs.6,500/-. A claim under Section 163-A caps the entitlement only to persons whose annual income is less than Rs.40,000/-. For a person, who drew salary above the said limit, there shall be a requirement for the FAO No.5585 of 2004 (O&M) - 2 - claimant to establish that there is negligence on the part of the other vehicle before the representative of a deceased could successfully found a cause of action for securing an award. The Hon'ble Supreme Court has held in a decision that dealt with the issue whether the award passed under Section 163-A is interim in nature or is final in Deepal Girish Bhai Soni & others Versus United India Insurance Company Limited- 2004 ACJ 934 that the provisions could be applied only in cases where the annual income is less than Rs.40,000/- (see para 67). In view of the law laid down, the Tribunal could not have passed the award under Section 163-A for the claimant. The award is also untenable for the fact that a claim for damages for injuries, the Tribunal is required to consider each one of the heads of the claim and make awards commensurate with proof under each one of those heads. It cannot make an omnibus assessment of Rs.75,000/- under all heads and grant compensation. 2. The award is set aside and the matter is remitted to the Tribunal at Chandigarh for fresh disposal in accordance with law. 3. For appearance of parties before the Tribunal on 29.10.2010. (K.KANNAN) JUDGE 27.09.2010 sanjeev