High CourtsSingle Bench(2025) 11 SIK CK 0038

Branch Manager, Shriram General Insurance Company Ltd vs Sabina Thapa Alias Sabina Tamang & Ors

Sikkim High Court · Decided on 21 November 2025

HON’BLE JUDGES
Bhaskar Raj Pradhan, J
CASE NUMBER
Motor Accident Appeal App. No.11 Of 2024

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

5 paragraphs · 171 words

Bhaskar Raj Pradhan, J

1.

During the course of the hearing a question was posed to the learned counsel for the parties as to whether even if the claimant is not found entitled to compensation under section 166 of the Motor Vehicles Act, 1988 (the M.V. Act) would he still be entitled to get compensation under section 163A of the M.V. Act under the “no fault liability” provision?.

2.

Both the learned counsel for the Insurance Company as well as the learned counsel for the claimant have placed before this Court their respective calculation under section 163A of the M.V. Act.

3.

Mr. Rahul Rathi, learned counsel submits that insofar as following the schedule under section 163A of the M.V. Act is concerned, the matter requires deeper consideration in view of certain judgments passed by the Supreme Court as well as by this Court. In view of the submissions made this Court is inclined to adjourn the matter for a proper and effective hearing on this point.

4.

List on 07.04.2026.