दफा १६३
Payment Of Medical Expenses, Obsequies Expenses And Compensation
(1) If any kind of loss or damage is caused to any party by a motor vehicle accident, the following amount shall be caused to be paid as medical
expenses and compensation by the driver or owner or manager of the motor vehicle to the victim:
(a) In the case of death, Ten Thousand Rupees as obsequies expenses and an amount equivalent to personal
accidents insurance to which the third party is entitled pursuant to this Act if no third party insurance has been
procured, as compensation to the successor of the deceased;
(b) In the case of disablement which is not functional despite being cured, an amount equivalent to personal
accidents insurance to which the third party is entitled pursuant to this Act for disablement if no third party
insurance has been procured for compensation against the disablement, and Five Thousand Rupees as medical
expenses if such organ is functional.
(2) The Chief District Officer ? shall immediately cause the amount of obsequies expenses and compensation to be paid to the successor of the deceased in the event of death of that person in a motor vehicle accident and
the amount of medical expenses to be paid to the person who sustains disablement in the accident by the driver, owner or manager of the motor vehicle pursuant to Sub-section (1).
(3) If, expect as provided in Sub-section (1), a driver drives a motor vehicle in contravention of this Act or the Rules framed or orders issued hereunder and the motor vehicle meets with an accident resulting injury to
any person, the Chief District Officer ? shall immediately cause the driver, owner or manager of the motor vehicle to pay a sum of Two Thousand Rupees, as medical expenses, to that person, having regard to the existing
condition of injury. If the person so injured becomes entitled to compensation of a larger amount subsequently, that person shall be paid only the residual amount after deducting the medical expenses so paid earlier.
(4) Notwithstanding anything contained above in this Section, the driver shall not be required to pay more than five percent of the total amount of medical expenses, obsequies expenses and compensation payable under
this Section.
(5) If the driver is required to pay the amount of medical exp enses, obsequies expenses and compensation required to be paid pursuant to Sub section (1) or (2) but the driver is unable to make such payment and such
amount is not recovered even from the attachment of his or her property made in accordance with the laws in force, the amount which is not so recoverable shall be recovered from the fine realized from him or her.
(6) ⊗ Payment of insurance amount for compensation to be borne by an insurance company in accordance with the provisions set forth in this Section shall be caused to be made as soon as possible.
expenses and compensation by the driver or owner or manager of the motor vehicle to the victim:
(a) In the case of death, Ten Thousand Rupees as obsequies expenses and an amount equivalent to personal
accidents insurance to which the third party is entitled pursuant to this Act if no third party insurance has been
procured, as compensation to the successor of the deceased;
(b) In the case of disablement which is not functional despite being cured, an amount equivalent to personal
accidents insurance to which the third party is entitled pursuant to this Act for disablement if no third party
insurance has been procured for compensation against the disablement, and Five Thousand Rupees as medical
expenses if such organ is functional.
(2) The Chief District Officer ? shall immediately cause the amount of obsequies expenses and compensation to be paid to the successor of the deceased in the event of death of that person in a motor vehicle accident and
the amount of medical expenses to be paid to the person who sustains disablement in the accident by the driver, owner or manager of the motor vehicle pursuant to Sub-section (1).
(3) If, expect as provided in Sub-section (1), a driver drives a motor vehicle in contravention of this Act or the Rules framed or orders issued hereunder and the motor vehicle meets with an accident resulting injury to
any person, the Chief District Officer ? shall immediately cause the driver, owner or manager of the motor vehicle to pay a sum of Two Thousand Rupees, as medical expenses, to that person, having regard to the existing
condition of injury. If the person so injured becomes entitled to compensation of a larger amount subsequently, that person shall be paid only the residual amount after deducting the medical expenses so paid earlier.
(4) Notwithstanding anything contained above in this Section, the driver shall not be required to pay more than five percent of the total amount of medical expenses, obsequies expenses and compensation payable under
this Section.
(5) If the driver is required to pay the amount of medical exp enses, obsequies expenses and compensation required to be paid pursuant to Sub section (1) or (2) but the driver is unable to make such payment and such
amount is not recovered even from the attachment of his or her property made in accordance with the laws in force, the amount which is not so recoverable shall be recovered from the fine realized from him or her.
(6) ⊗ Payment of insurance amount for compensation to be borne by an insurance company in accordance with the provisions set forth in this Section shall be caused to be made as soon as possible.