deceased accident victim.
2.The claim petition was filed under Section 163A of the Motor Vehicles
Act, 1988 since the accident had occurred, while ... ongoing vehicle in his front. Being a tort-feasor even under
Section 163A of the Motor Vehicles Act, 1988, he or his legal representatives
vehicle(s) involved in the accident. This is
made explicit by Section 163A(2). Though the aforesaid
section of the Act does not specifically exclude ... introduced by the Insurer and/or to understand the
provisions of Section 163A of the Act to be contemplating any
such situation would go contrary
Therefore, the Tribunal holding a tortfeasor is disentitled for
compensation under Section 163A, awarded compensation under Section 140. In
support of her argument, the learned ... Section 163 A of the Motor Vehicles Act, reads as follows:-
163A. Special provisions as to payment of compensation
on structured formula basis.—(1)Notwithstanding
rash and negligent driving
against the opposite vehicle, the benefit of Section 163A is not available to the
claimant.
6. The trial Court, having considered ... appreciate the fact that the claim petition is made under
Section 163A r/w 140 of the Motor Vehicles Act, 1988 and being an Auto
clear that if the claim petition is filed under Section 163A of the
Motor Vehicles Act, 1988, only the legal heirs of the deceased accident ... extracted below to highlight the
distinction between these two Sections:-
163A. Special provisions as to payment of compensation on structured
formula basis.—
(1)Notwithstanding anything
clear that if the claim petition is filed under Section 163A of the
Motor Vehicles Act, 1988, only the legal heirs of the deceased accident ... extracted below to highlight the
distinction between these two Sections:-
163A. Special provisions as to payment of compensation on structured
formula basis.—
(1)Notwithstanding anything
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
Insurance Company opposed the claim petition filed under
Section 163A of the Motor Vehicles Act on the ground that the provision of
Section 163A ... pillion contrary to
the Motor Vehicles Act . The provisions of Section 163A of the Motor
Vehicles Act has been wrongly understood by the Tribunal
third party and cannot
maintain a claim under Section 163A of the Act against the
owner/insurer of the vehicle which is borrowed ... shoes of the owner and he cannot maintain a claim
under Section 163A of the Act against the owner and insurer of
the vehicle bearing
filed either under Section 140 under no fault liability
or under Section 163A of the M.V. Act, the special provision as to payment ... negligence of the offending vehicle, contra to the provisions of Section
163A of the Act, where there is no responsibility on the part
