Lawgist163Refund in certain cases of compensation paid under section 161
1[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 for the time being in force 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 under any provision of this Act other than section 161 or any other law for the time being in force, the Claims 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--
(a) 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);
(b) 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 purpose of this sub-section, an application for compensation under section 161 shall be deemed to be pending--
(i) if such application has been rejected, till the date of the rejection of the application; and
(ii) in any other case, till the date of payment of compensation in pursuance of the application.]
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1. Subs. by Act 32 of 2019, s. 51, for 'CHAPTER XI' (w.e.f. 1-9-2019).
- 145 Definitions
- 146 Necessity for insurance against third party risk
- 147 Requirements of policies and limits of liability
- 148 Validity of policies of insurance issued in reciprocating countries
- 149 Settlement by insurance company and procedure therefor
- 150 Duty of insurers to satisfy judgments and awards against persons insured in respect of third party risk
- 151 Rights of third party against insurers on insolvency of insure
- 152 Duty to give information as to insurance
- 153 Settlement between insurers and insured persons
- 154 Saving in respect of sections 151, 152 and 153
- 155 Effect of death on certain causes of action
- 156 Effect of certificate of insurance
- 157 Transfer of certificate of insurance
- 158 Production of certain certificates, licence and permit in certain cases
- 159 Information to be given regarding accident
- 160 Duty to furnish particulars of vehicle involved in accident
- 161 Special provisions as to compensation in case of hit and run motor accident
- 162 Scheme for golden hour
- 163 Refund in certain cases of compensation paid under section 161
- 164 Payment of compensation in case of death or grevious hurt, etc
