aforesaid proceedings, the applicants
have also preferred a separate application under Section 163A
of the Act of 1988 at Exhibit 6, praying for interim
compensation ... reported in (2004)5 SCC 385, an application for
compensation under Section 163A of the Act was
being considered as an interim application
claiming interim
deceased himself would be liable to
pay the compensation under Section 163A of the Act?;
Whether the deceased not being a third party ... shoes of the owner can
maintain the claim under Section 163A of the Act from the
owner of the said vehicle?
5.1 The learned Tribunal
National Insurance Company Vs.
Sinitha and others]:
“15. The heading of Section 163A also needs a
special mention. It reads, "Special Provisions ... Compensation on Structured Formula Basis". It
is abundantly clear that Section 163A, introduced a
different scheme for expeditious determination of accident
claims. Expeditious determination
2006, a claim petition filed by the 1st respondent herein,
under Section 163A of the Motor Vehicles Act, 1988, claiming
compensation for the injuries sustained ... respondent sustained injuries. Claim petition
was filed before the Tribunal under Section 163A of the Act,
claiming compensation under different heads.
2. Before the Tribunal
Signing Date:28.05.2025
20:59:57
appellants had erroneously relied upon Section 163A of the MV Act
rather than applying the principle under Section ... award, this Court finds merit in the appeal.
Issue of applicability of 163A of the MV Act
16. The learned counsel for the appellants contended
prospects to the income
of the deceased while granting compensation under Section 163A of
Motor Vehicles Act, 1988 (hereinafter referred ... case, the matter arose out of the quantification
of compensation under Section 163A of the Motor Vehicles Act, and
future prospects were taken into consideration
that the claimant, Shri. Abdul
Sattar has filed an application under Section 163A and 165 read with Section
140 of the Motor Vehicles ... annum which is beyond the pale of Section 163A. The cap on the
annual income of ₹ 40,000/- has been provided under Section 163A
Durgapur, in M.A.C.
Case No. 146 of 2008, under Section 163A of the Motor Vehicles
Act, 1988.
2. Facts :-
"The case ... present case is under Section 163A of the M.V.
Act.
8. The accident in the present case occurred in the year 2008. The injury
with a situation where two
simultaneous petitions were filed, one under Section 163A and
the second under Section 166 of the given Act. The Tribunal ... well as the High Court concluded that the petition under
Section 163A is only for interim compensation and the petition
under Section
placing reliance the Notification in
respect of Second Schedule under section 163A of the MV Act for
compensation for third party fatal accident submitted that ... Motor Vehicle Act, 1988 has been further amended, deleting
Section 163A and the Second Schedule given under said section.
The amendment was made
