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Motor Vehicles Act, 1988


162. Refund in certain cases of compensation paid under section 161.

  1. The payment of compensation in respect of the death of, or grievous hurt to, any person under section 161 shall be subject to the condition that if any compensation (hereafter in this sub-section referred to as the other compensation) or other amount in lieu of or by way of satisfaction of a claim for compensation is awarded or paid in respect of such death or grievous hurt under any other provision of this Act  or  any  other  law  or  otherwise  so  much  of  the  other compensation or other amount aforesaid as is equal to the compensation paid under section 161 shall be refunded to the insurer.

  2. Before  awarding  compensation  in  respect  of  an  accident involving the death of, or bodily injury to, any person arising out of the use  of a  motor vehicle  or motor vehicles under any provision of this Act  (other than  section 161) or any  other law,  the tribunal, court or other authority awarding such compensation shall verify as to whether in  respect of  such death  or bodily  injury compensation has already been  paid under  section 161 or an application for payment of compensation is  pending under  that section, and such tribunal, court or other authority shall,--

  1. if compensation has already been paid under section 161,direct the person liable to pay the compensation awarded by it to refund to  the insurer,  so much  thereof as  is required  to  be refunded in accordance with the provisions of sub-section (1);

  2. if an application for payment of compensation is pending under section  161 forward the particulars as to the compensation awarded by it to the insurer.

Explanation.--For the   purposes   of   this   sub-section,   an application for compensation under section 161 shall be deemed to be pending--

  1. If such application has been rejected, till the date of the rejection of the application, and

  2. in  any  other  case,  till  the  date  of  payment  of compensation in pursuance of the application.



Motor Vehicles Act, 1988 Back




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