just
as in Section 140 of the Act, so also under
Section 163A of the Act, it is not essential for a
claimant seeking compensation ... equivalent of sub-section (4) of
Section 140 in Section 163A of the Act. Whereas,
under sub-section (4) of Section 140, there
respondent Nos.1 to 3 herein filed a claim petition
under Section 163A of the Motor Vehicles Act, 1988 ('the Act'
for brevity ... than Rs.40,000/-. Hence, the claim petition filed under
5
Section 163A of the Act is not maintainable. Further the
death of the deceased
Tribunal, Dharwad, whereby
the learned Tribunal has denied the benefit of Section 163A of
the Motor Vehicles Act ('the Act', for short ... claim petition
both against the owner, and the insurance company under
Section 163A of the Act. In order to substantiate her case, she
examined
ADDITIONAL MACT AT HONNAVAR, DISMISSING THE
PETITION FILED U/S 163A OF MOTOR VEHICLE ACT.
THIS APPEAL COMING ON FOR FINAL HEARING THIS ... Tribunal', for short). He
had filed a claim petition under Section 163A of the Motor
Vehicles Act, 1988 (hereinafter referred
Tribunal. Indisputably, the
claim petition was filed under Section 163A of the Motor
Vehicles Act,1988 ['Act', for short]. As such, the
claimant ... pillion rider, that too, in the claim petition filed under
Section 163A of the Act where two vehicles were
involved in the accident
year so as to take shelter
under section 163A of the Act. Based on the said
pleadings, the Tribunal determined the total
compensation ... lakhs per annum and as such the
petition under section 163A of the Act was not
maintainable.
4. Learned Counsel appearing for the appellant
would
brother
of deceased S Dayanand have filed the claim petition under
Section 163A of Motor Vehicles Act, contending that on
05-02-2009 at about ... held
that the claimant is not entitled for the compensation under
Section 163A of the Motor Vehicles Act (hereinafter referred
Briefly stated, the widow and mother filed a
claim petition under Section 163A of the Motor Vehicles
Act, 1988 ('the Act' for brevity ... legal heirs of the deceased in
their claim petition under Section 163A of the
Act?
2. Whether the widow of the deceased
consequent upon
family has lost the bread earner and sought for compensation
invoking Section 163A of the Motor Vehicles Act ('the Act' for
brevity ... support of the judgment and award and contended that
under Section 163A of the Motor Vehicles Act, the claimants
need not prove the negligence
having lost the bread earner, wife filed the claim
petition under Section 163A of the Motor Vehicles Act,
1988, before the Tribunal seeking compensation ... filed their written statements, by
contending that the petition under Section 163A is not
maintainable. They further contended that the said
NWKSRTC bus was moving
