Can compensation be awarded under Section 163A of the Motor Vehicles Act, 1988 for injuries falling outside Schedule-1 of the Workmen’s Compensation Act?

No. The Second Schedule to the Act states that permanent disablement shall be given the same meaning as set out in Schedule-1 of the Workmen’s Compensation Act, so the injuries sustained must fit into Schedule-1. If the injuries sustained are covered under none of the heads provided therein, the very claim made will become unsustainable.

Motor Vehicles Act, 1988 — s.163A — Second Schedule — Schedule-1 of the Workmen’s Compensation Act — Structured formula — Permanent disablement — Annual income ceiling — Per incuriam — Motor Vehicles Act, 1988 — s.163A — Social security scheme — Court cannot travel beyond the scheme — Held: Section 163A is a social security scheme paying compensation on a structured formula basis, and where its requirements are satisfied the Court need not go into the question of negligence. A beneficial legislation which has provided a scheme of its own cannot be extended to those not covered by it. (¶6, 7) Motor Vehicles Act, 1988 — Second Schedule — Permanent disablement — Injuries must fit a listed head — Held further: To be construed as permanent disablement under the Second Schedule, injuries must fit into Schedule-1 of the Workmen’s Compensation Act. Non-schedule injuries are covered under none of the heads provided therein and leave the very claim unsustainable. (¶9, 10) Motor Vehicles Act, 1988 — s.163A — Annual income ceiling — Finding disregarding the provision is per incuriam — Held further: The income ceiling fixed by the provision is a statutory requirement, and a claimant whose pleaded annual income exceeds it is not entitled to compensation. A finding confining every injured or deceased person’s annual income to that ceiling disregards the specific provision and is per incuriam. Appeal dismissed. (¶11, 15, 18)

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