8. A careful reading of Section 163A as it stood before the amendment reveals that structured formula enacted by Parliament of the country to give special provisions regarding the calculation of compensation in no way fetters or controls the operation of Section 140 of the Act. In fact, Section 140 of the Act is a benevolent provision and mostly it is used to file applications for grant of interim maintenance in applications under Section 166 of the Act. However, it is clear from the provision of Section 140 that in case there is a motor accident and a consequent death or a permanent disablement then it shall be appropriate to award at least Rs. 50,000/-(or Rs.25,000, as the case may be), as compensation on low fault basis. The use of expression "shall not be rejected by reasons of any wrongful act, neglect of default on the persons in respect of whose death or formal desirability the claim has been made” make it clear that even if a person who has suffered the permanent disablement or death, is guilty of some wrongful action, which led to the accident and causing of the disablement or the death then also this amount of Rs.50,000/- in case of the death and Rs.25,000/- in case of permanent disablement has to be awarded in favour of the claimant.
