concerned party (owner or insurer) to
defeat a claim raised under Section 163A of the
Act, by pleading and establishing anyone of the
three ... 2007 & 749/2011 Page 7 of 14
Section 163A of the Act. The object for
incorporating Sub-section (2) in Section 163A
Bench held as under:
"13. The legislature in 1994 introduced S.163A
into the Statute book. While under S.140 even without
proving ... fault only a specific amount alone could
be claimed, under S. 163A comprehensive claim can
be staked for compensation by the victims who have
suffered
necessary to carry out a
comparison between Sections 140 and 163A of
the Act. For this, Section 163A of the Act is being
extracted hereunder ... Section 163A. Special provisions as to
payment of compensation on structured
formula basis - (1) Notwithstanding anything
contained in this Act or in any other
proceedings.
2. The first respondent filed the petition for compensation
invoking Section 163A of the Motor Vehicles Act, alleging that
he sustained injuries ... learned counsel for the appellant contended that
the provision in Section 163A of the Act is a provision intended
to the benefit of third parties
Tribunal, Burdwan, dismissing the application of the appellants for compensation under Section 163A of the Motor Vehicles Act, 1988, being MAC Case ... Case No. 180 of 1998, before the learned Tribunal under Section 163A of the Motor Vehicles Act, 1988, claiming compensation on structured formula basis
also on the point of wrong application of multiplier under Section 163A of the Motor Vehicles Act.
3. The factual scenario of the matter ... same with the multiplier 18 following the structured formula under Section 163A of the said Act to quantify the compensation amount and by this process
parents, widow and the minor son filed the claim petition under Section 163A of the Act.
3. The Insurance Company contested the claim petition mainly ... motor cycle and, therefore, his heirs cannot claim compensation under Section 163A of the Act. Relying on the decision of this Court in New India
determination by the larger Bench.
(one) Whether the award passed under Section 163A of the Motor Vehicles Act, 1988 being passed after detailed evidence ... purpose of proceeding under Section 166 ?
(three) Whether under Sections 163A and 166 , two modes for determining the compensation one on fixed formula basis
Motor Vehicles Act . He submitted that after the amendment in Section 163A of the Motor Vehicles Act it is not necessary to prove negligence ... claimants are entitled for compensation. Counsel for respondent submitted that Section 163A is prospective in nature and it is not applicable to present case
respondents 4-7 before this Court under Section 163A of the Act.
3. In brief, it was the submission of the appellant insurance company, that ... wheeler scooter was not made a party.
4. Section 163A of the Act was enacted and introduced the principle of no fault liability in cases
