before the Motor
Accident Claims Tribunal1, Cuttack claiming
compensation under Section 163A of the Motor Vehicles
Act, 19882 for the death of both her parents ... owner of the vehicle, when the claim is
raised under Section 163A of the Act, requiring no proof
of negligence leading to the accident, resulting
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
brother and sisters of the
deceased filed a claim petition under Section 163A of the
Motor Vehicles Act, 1988 before the Tribunal contending
that ... detail and has held that when the petition is filed under
Section 163A of MV Act, despite the claim was by the
tortfeasor, the Insurance
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
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
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
hereinafter, "MACT"), disposing
of the matter as one under Section 163A of the Motor Vehicles Act,
1988 (hereinafter ... observing
erroneously in the impugned Judgment that, as compensation under
Section 163A of the MV Act, would be much less than that under
Section
claim petition preferred by the present
appellant - original claimant under Section 163A of 'the Act,
Page 1 of 18
Uploaded by LALJI AMRUTBHAI DESAI ... undefined
has approached before the Tribunal by preferring claim petition
under Section 163A of 'the Act, 1988', which was registered
without involving any other vehicle. The claim
petition was filed under Section 163A of the Act by the
legal representatives of the deceased against ... stepped into the shoes of
the owner of the vehicle, Section 163A of the Act
cannot apply wherein the owner of the vehicle himself
compensation of
Rs.28,50,000/- filed a petition under section 163A and 166 of the
MV Act showing the owner of the vehicle ... claim petition was not maintainable as it was filed both
under sections 163A and 166 of the MV Act. That at any rate,
what
