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
root cause for
the accident. The appellants filed claim petition under Section
163A of the MV Act, 1988.
4. The case of the appellants before ... also undisputed that the petition filed was under Section 163A of
the MV Act. Though the issues framed by the Tribunal state that
whether
children and mother of the
deceased, filed the claim petition under Section 163A of
Motor Vehicles Act, 1988 (for short, ` M.V. Act '), praying ... materials available on record, held that
claim petition is maintainable under Section 163A of
M.V.Act against the insurer. The Tribunal, while exercising
under intoxication of liquor. The petitioner filed a claim
petition under Section 163A of the Motor Vehicles Act
(M.V.Act) seeking compensation from ... Tribunal came
to the conclusion that though the petition filed under
Section 163A of the M.V.Act, the said petition is not
maintainable against
contention of appellant-Insurance Company
that, the petition under Section 163A of MV Act was not
maintainable, since deceased Haleshappa, who was rider of
motorcycle ... would go contrary to
the very legislative object behind introduction of Section
163A of the Act, namely, final compensation within a
limited time frame
submitted that even if he is not entitled to compensation
under Section 163A of Act but claimants are entitled to
fixed compensation ... same person. Hence, claim petition is not
maintainable, even under Section 163A of the Act. He
also submitted that in view of the cancellation
remaining amount of Rs.2,63,000/-.
9. Section 163A of the Act reads as under:
"163A. Special provisions as to payment of
compensation ... time amend the Second
Schedule."
10. Subsection (2) of Section 163A of the Act
clearly emphasizes that when a claim petition is filed
under
shoes of the owner.
Hence, the claim petition filed under Section 163A of the
Motor Vehicles Act is not maintainable. To buttress his
arguments ... than ₹ 40,000/-, therefore, the
claim petition is not maintainable under Section 163A of
the Motor Vehicles Act. He also submits that the disability
assessed
PANDIT)
Appellants aggrieved by rejection of their claim petition
filed under Section 163A of the Motor Vehicles Act, 1988 (for
short ... case are that the
appellants/claimants filed a claim petition under Section 163A of
the MV Act claiming compensation for the accidental death
shoes of the owner.
Hence, the claim petition filed under Section 163A of the
Motor Vehicles Act is not maintainable. To buttress his
arguments ... than ₹ 40,000/-, therefore, the
claim petition is not maintainable under Section 163A of
the Motor Vehicles Act. He also submits that the disability
assessed
