Chapter 11 Insurance of Motor Vehicles Against Third Party Risks
Section 163A: Special provisions as to payment of compensation on structured formula basis
a) Notwithstanding
anything contained in this Act or in any other law for the time being in force
or instrument having the force of law, the owner of the motor vehicle or the
authorized insurer shall be liable to pay in the case of death or permanent
disablement due to accident arising out of the use of motor vehicle,
compensation, as indicated in the Second Schedule, to the legal heirs or the
victim, as the case may be.
Explanation
For the purposes of this sub-section, “permanent disability” shall have the
same meaning and extent as in the Workmen’s Compensation Act, 1923 (8 of 1923).
b) In any claim for compensation
under sub-section (1), the claimant shall not be required to plead 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 of the owner of the
vehicle or vehicles concerned or of any other person.
c) The Central
Government may, keeping in view the cost of living by notification in the
Official Gazette, from time to time amend the Second Schedule.