Bombay HC: An application for compensation U/S 163A of M V Act cannot be entertained without verifying that annual income of the claimant does not exceed Rs. 40,000/-

  In our opinion, the proceeding under Section 163-A being a social security provision, providing for a distinct scheme, only those whose annual income is upto Rs.40,000/- can take the benefit thereof. All other claims are required to be determined in

terms of Chapter XII of the Act”. Thus, it becomes clear that in

the claim petition itself respondents No.1 to 3 had

categorically stated that the income of the deceased

was well beyond Rs.40,000/- per year. Considering the

position of law clarified by the Hon'ble Supreme Court

in the case of Deepal Girishbhai Soni Vs. United India

Insurance Co. Ltd. (supra), it becomes clear that the

Tribunal in the present case could not have entertained

the claim petition under Section 163-A of the aforesaid

Act.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

FIRST APPEAL NO . 672 OF 20 18

TATA AIG General Insurance Company Ltd. Vs Ashish S/o Gopal Yadao 

CORAM : PRAVIN S. PATIL, J.

PRONOUNCED ON : 17.10.2025.

Citation: 2025:BHC-NAG:11196.

Read full judgment here: Click here.

Print Page