concerned party
(owner or insurer) to defeat a claim raised under Section
163A of the Act, by pleading and establishing anyone of the
three ... avoiding to include a similar negative bar in
Section 163A of the Act. The object for incorporating Sub-
section (2) in Section 163A
from the amount of compensation payable under this section or under section 163A.
Section 163A. Special provisions as to the payment of compensation on structured ... compensation under section 140 is liable to be adjusted.
5. Under section 163A the statute has provided a summary procedure which is commonly known
conversion of their petition under section
166 of the Act to section 163A of the Act, the Tribunal
passed the award under section 163A ... Tribunal has converted the claim
petition into under Section 163A of the Act on its own.
7. Section 163A of the Act reads as under
learned Tribunal below decided an application for compensation filed under Section 163A of the M.V. Act, by the legal heirs of the deceased ... below failed to consider the scope of the application filed under Section 163A of the M.V. Act and also failed to consider the monthly
herein filed the aforesaid OP
under Sections 166 and 163A of the Motor Vehicles Act, 1988
(for short, the Act) against owner of the lorry ... respondent
Nos.1 to 4, submits that in a proceeding under Section 163A of
the Act, it is not open for the insurer to raise
fact that appellant Jagdish Singh Tomar has
filed a claim under Section 163A of the Motor Vehicles Act
(hereinafter for short referred ... Singh Tomar, therefore, he is not entitled to any
compensation under Section 163A of the Act.
Learned counsel for the appellant submits that the
Second
appellant - claimant
and admittedly, the claim petition filed under Section
163A of the Act.
5. The following noteworthy facts emerge from the
record ... died on the
spot. Therefore, the appellant filed claim petition under
Section 163A of the Act and claimed compensation of
Rs.4,84,700/, wherein
below the minimum amount of
compensation that would be payable under Section 163A of the
M.V.Act. The learned counsel finally contends that interest ... appellants/claimants could not be below the amount payable
under Section 163A of the M.V.Act. Under Section
proceedings under Section 166 of the
Act, after obtaining compensation under Section 163A, the
MAC. APP. No.457/2005 Page 2 of 7
awardee fails ... would it be at
liberty to award compensation in terms of
Section 163A thereof.
60. The answer to both the aforementioned questions must be
rendered
Motor Vehicles Act is at the instance
of an applicant under Section 163A of the Motor Vehicles Act and is directed
against an award dated ... appellant, strenuously contended before us that his client having applied under
Section 163A of the Act, there was no scope of assessing the amount
