The Motor Vehicles Act, 1988
162. Refund in certain
cases of compensation paid under section 161.
- 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.
- 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,--
- 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);
- 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--
- If such application has been
rejected, till the date of the rejection of the application, and
- in any other
case, till the date of payment of
compensation in pursuance of the application.
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