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Showing contexts for: section 170 m.v.act in Bajaj Allianz General Insurance ... vs Dasru Patel And Others 2 Janak Kori And ... on 28 April, 2011Matching Fragments
12. Section 146 of M.V. Act under Chapter XI mandates that no person shall use, except as a passenger, or cause or allow any other person to use, a motor vehicle in a public place, unless there is in force in relation to the use of the vehicle by that person or that other person, as the case may be, a policy of insurance complying with the requirements of this Chapter. Section 147 of the M.V. Act deals with the requirement of policies of insurance and limits of liability. Section 149 of M.V. Act shows that insurer is entitled to defend the action on the grounds enumerated in sub-section (2). Section 165 of M.V. Act found in Chapter XII of M.V. Act, 1988 provide for constitution of Claims Tribunal. A State Government may, by notification in the Official Gazette, constitute one or more Motor Accidents Claims Tribunals for such area as may be specified in the notification for the purpose of adjudicating upon claims for compensation in respect of accidents involving the death of, or bodily injury to, persons arising out of the use of motor vehicles, or damages to any property of a third party so arising or both. Under Section 166 of M.V. Act, application for compensation could be lodged. Section 167 of the Motor Vehicles Act, gives an option regarding claims for compensation in certain cases. It provides that notwithstanding anything contained in the Workmen's Compensation Act, 1923, where the death of, or bodily injury to, any person gives rise to a claim for compensation under this Act and also under the Workmen's Compensation Act, 1923, the person entitled to compensation may without prejudice to the provisions of Chapter X claim such compensation under either of those Acts but not under both. Award could be passed by the Motor Accident Claims Tribunal under Section 168 of M.V. Act. The procedure that is contemplated for holding any inquiry under Section 168 of M.V. Act is provided under Section 169 of the M.V. Act which would mandate that a claim petition shall follow rules that may be made and follows such summary proceedings as it thinks fit. The insurer could be impleaded as party to the proceedings under Section 170 of M.V. Act. Section 173 of the M.V. Act, 1988 would deal with the provisions relating to appeals that could be filed against the judgments and awards passed by the motor Accident Claims Tribunal. Section 175 of the Motor Vehicles Act, bars the jurisdiction of the Civil Courts to go into the claim for compensation in a motor vehicle accident. It states that where any claims Tribunal has been constituted for any area, no Civil Court shall have jurisdiction to entertain any question relating to any claim for compensation which may be adjudicated upon by the Claims Tribunal for that area, and no injunction in respect of any action taken or to be taken by or before the Claims Tribunal in respect of the claim for compensation shall be granted by the Civil Court. Section 176 of M.V. Act would mandate grant of power to State Government to frame rules for the purpose of carrying into effect the provisions of Section 165 to Section 175 of M.V. Act.