Supreme Court of India

The Oriental Insurance Co. Ltd. Etc. v. Hansrajbhai V. Kodala and Ors. Etc. Etc.

Neutral citation
Reported as [2001] 2 S.C.R. 999
Bench M.B. Shah and D.P. Mohapatra JJ.
Decided 4 April 2001

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

10 Supreme Court benches have cited this judgment.

What the Court ordered

Before parting with the judgment, we would like to draw the attention of the Central Government for revision and appropriate correction of the Second Schedule, which provides for payment of compensation on structured formula basis, by exercise of its power under Section 163A(3).

Judgment, page 25

From the headnote

Motor Vehicle Act, 1988 : Sections 140, 161, 163A, 168-Second Schedule-Compensation under Section 163A on structured formula basis and Compensation under Section 140 c on principle of fault liability-Held, compensation under Section 163A is in altemativt? and not i"'! addition to the detennination of compensation under Section 140-Section J 63A intmduced to avoid long drawn litigation and delay in payment o.f compensation-Suggestion to Central Government for revising the Second Schedule keeping in view the cost of living. Interpretation of Statutes : Legislative liisto1y-Statement of Objects

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