Future prospects to compensation on a Claim Petition
filed under Section 163A of the Motor Vehicles Act, 1988 (for
short ... fare" in the compensation in a Claim Petition filed under Section
163A of the M. V. Act. The Single Bench in Appeal allowed
compensation
appellant, it would
be apt to look at Sections 147 and 163A of the 1988 Act which are
reproduced hereinbelow:-
"147 Requirements of policies ... file petition
either under Section 140 or 163A of 1988 Act. Both the provisions
are mutually exclusive. Section 163A of 1988 Act was introduced
relation to those cases, which were falling within the ambit of
Section 163A of the Motor Vehicles Act.
4. To controvert the arguments extended ... issue as to whether it will fall under Section163 or
163A, has never been an issue, which was ever argued or
attempted to be argued
2019
8. In the above backdrop, it is mentioned here that Section 163A of the
Act deals with special provisions as to compensation on structured ... with effect from
14.11.1994. It would be beneficial to reproduce Section 163A infra:
"163A. Special provisions as to payment of compensation
on structured formula
treatment.”
Therefore, the 1st respondent had filed a claim petition under Section
163A of the Motor Vehicles Act, 1988.
Counter of the Insurance Company ... that where a case is filed under Section 163A of the Motor
Vehicles Act, the claimant was not required to plead or establish that
treatment.”
Therefore, the 1st respondent had filed a claim petition under Section
163A of the Motor Vehicles Act, 1988.
Counter of the Insurance Company ... that where a case is filed under Section 163A of the Motor
Vehicles Act, the claimant was not required to plead or establish that
treatment.”
Therefore, the 1st respondent had filed a claim petition under Section
163A of the Motor Vehicles Act, 1988.
Counter of the Insurance Company ... that where a case is filed under Section 163A of the Motor
Vehicles Act, the claimant was not required to plead or establish that
Company Limited, which was valid. A claim petition was filed under Section 163A of the Act1 by the widow and three minor children ... learned Single Judge was that in an application filed under Section 163A of the Act, only structured formula as contained in Second Schedule attached
party", which reads as
under;-
Page No.# 11/18
"Section 163A was thus enacted for grant of immediate relief to a section ... aforesaid decisions make it quite clear that the parliament by
introducing Section 163A in the MV Act provided for payment of compensation on
structured formula
rate of 6%
per annum in an application filed under Section 163A of Motor
Vehicle Act, 1988 and directed the insurance company ... second scheduled of Motor Vehicle Act, 1988 prepared in terms of
Section 163A of the M.V. Act, 1988 as it stood at the relevant
