Motor Vehicles Act is at the instance
of an applicant under Section 163A of the Motor Vehicles Act and is directed
against an award dated ... appellant, strenuously contended before us that his client having applied under
Section 163A of the Act, there was no scope of assessing the amount
comity of instrumentalities."
9. On a plain reading of Section 163A read with the Second
Schedule thereof, there is no scope of applying ... Court while considering a case arising out of a
proceeding under Section 163A of the Act made the following
observations:
"5. Section
driver of any offending motor
vehicle is the cause. While Section 163A of the Act has been enacted
notwithstanding the provision of Section ... difference between
the two provisions is that in a proceeding under Section 163A of the Act, the
applicant is not required to prove the negligence
Case
No.47 of 2006 thereby disposing of the proceedings under Section 163A of the
2
Motor Vehicles Act, 1988 by awarding ... result, he died. On that basis, a claim-application under Section
163A of the Motor Vehicles Act was filed against the insurer
instance of the claimants in a
proceeding purportedly under Section 163A of the Motor
Vehicles Act and is directed against an award dated 21st
July ... preliminary objection as to the maintainability of the
application under Section 163A of the Act alleging that the
claimants having asserted that the victim
driver of any offending motor
vehicle is the cause. While Section 163A of the Act has been enacted
notwithstanding the provision of Section ... difference between
the two provisions is that in a proceeding under Section 163A of the Act, the
applicant is not required to prove the negligence
driver of any offending motor
vehicle is the cause. While Section 163A of the Act has been enacted
notwithstanding the provision of Section ... difference between
the two provisions is that in a proceeding under Section 163A of the Act, the
applicant is not required to prove the negligence
instance of the claimants in a proceeding under
Section 163A of the Motor Vehicles Act and is directed against the award dated
29th June ... lorry resulting in his death. In the claim-application under
Section 163A of the Motor Vehicles Act, the claimants, his heirs and legal
representatives, however
same
could be converted to one under Section 163A of the Act
and in that event, so far the tractor is concerned, the
position ... application under Section 166 of the
Act to one under Section 163A was held to be
impermissible.
We have gone through the said decision
driver of the offending motor
vehicle is the cause. While Section 163A of the Act has been enacted
notwithstanding the provision of Section ... difference between
the two provisions is that in a proceeding under Section 163A of the Act, the
applicant is not required to prove the negligence
