under Second Schedule to the
Act , in respect of claims under Section 163A of the Motor Vehicles Act,
1988 (` MV Act ' for short ... amended by Act 54 of 1994, inter
alia inserting Section 163A and the Second Schedule with effect from
14.11.1994. Section 163A
were cited.
The attention of the Bench was also invited to Sections 163A and 166 of
the 1988 Act. The Bench was of the opinion ... above reference. Before we
refer to the provisions contained in Sections 163A and 166 of the 1988
Act, it is of some relevance to notice
question involved in these appeals is whether
the compensation payable under Section 163A of the Motor
Vehicles Act, 1988 (hereinafter referred ... result thereof. The
claimants also filed an application under Section 163A of
the Act for interim compensation on structured formula
basis. The Insurance Company- appellant
petition was subsequently
amended, inasmuch as, the claim was sought under Section 163A of the
Act. A separate claim for compensation by George ... that Rs.5000/-
awarded for pain and suffering, was impermissible under Section 163A of
the Act. Even without issuing notice to the claimants, the aforesaid
Laxmangarh (Alwar), Rajasthan
(hereinafter referred to as the learned Tribunal) under Section 163A
of the Motor Vehicles Act (hereinafter referred ... company, the insurance
company is liable to pay the compensation under Section 163A of
the Act. Consequently, by the Judgment and Award dated
provisions of law shall be interpreted
in favour of the victims. Sections 163A and 166 of M.V. Act, 1988,
enables the victim ... fixed at '16'.
11. Subsequent to the introduction of Section 163A and the Second
Schedule of the Act , the courts/tribunals have followed
section (1) of section 112 [section 118], [sub-section (4) of section 163A] [section 164, section 177A] and sub-section (4) of section 213 shall
liability" but it only excludes right to claim compensation under Section 163A. In other words, if a compensation is claimed under "no fault ... then either it can be an application under Sections 140 or 163A and not both. This is what has also been clarified in The Oriental
from the amount of compensation payable under this section or under Section 163A.]
141. Provisions as to other right to claim compensation for death ... except the right to claim under the scheme referred to in Section 163A (such other right hereafter] in this section referred to as the right
importance of various questions arising regarding the scope and applicability of Section 163A which was inserted by the Parliament in the Motor Vehicles ... person is entitled to claim compensation under Section 140 and Section 163A he shall file the claim under either of the said sections
