Authority: Calcutta High Court, Circuit Bench at Port Blair

Order Date: 29 September 2026

Case Overview

  • Appellant: National Insurance Company Ltd.
  • Respondents: Shri Mohammed Aslam (claimant) and another respondent.
  • The appeal challenges the Motor Accident Claim Tribunal (MACT), Andaman and Nicobar Islands award dated 17 January 2018 in MACT Case No. 14 of 2012.
  • Facts: On 27 October 2011, claimant riding motorcycle (Reg. No. AN‑01‑F‑4529) was struck by a Maruti car (Reg. No. AN‑01‑F‑2147) at Tushnabad Junction, resulting in grievous fractures. He was treated at PHC Tushnabad and later at K.M. Specialty Hospital, Chennai (28 Oct – 4 Nov 2011). A criminal case (Ograbraj PS Case No. 203 of 2011) was lodged under IPC §§279/337 against the car driver.
  • The Tribunal awarded Rs 7,90,000 compensation plus 9% interest, breaking down into Rs 5,00,000 medical treatment in Chennai, Rs 10,000 local medical, Rs 80,000 travelling, Rs 1,00,000 mental agony, Rs 50,000 future treatment and Rs 50,000 future loss.
  • National Insurance Company contested the award on maintainability under Section 163A of the Motor Vehicles Act (claimant’s annual income Rs 1,59,420 exceeds the Rs 40,000 ceiling), alleged procedural irregularities (non‑exhibition of FIR, complaint, charge‑sheet), and argued the Tribunal exceeded the statutory formula.
  • Respondent’s counsel argued the accident was not disputed, conversion from Section 166 to Section 163A is permissible, income ceiling is not an absolute bar, and non‑exhibition of documents does not defeat the claim where oral and documentary evidence establish the accident.

Final Outcome

  • The Court held that conversion to Section 163A is permissible, the income ceiling does not render the claim non‑maintainable, and the non‑exhibition of FIR/complaint is not fatal.
  • No error of law or material irregularity was found in the Tribunal’s award; the award is affirmed.
  • National Insurance Company Ltd. is directed to pay the total sum of Rs 7,90,000 within two months of this order; failure to comply will permit the claimant to execute the award.

Topics: Motor Accident Compensation, Insurance Law