liability" but it only excludes right to claim compensation under Section 163A. In other words, if a compensation is claimed under "no fault ... then either it can be an application under Sections 140 or 163A and not both. This is what has also been clarified in The Oriental
judge
bench of this Court understood the scope
of Section 163A of the Act to be enabling
an Insurer to raise the defence ... section (4) of
Section 140 of the Act in Section 163A of
the Act. Such absence has been understood
by the Bench
Section 163-A of the MV Act reads as under:
"163A. Special provisions as to payment of compensation on
structured formula basis.--
(1) Notwithstanding ... Schedule."
8. It would appear from Sub-section (2) of Section 163A that in a claim
petition under Section 163 A, the victim
legislature while enacting the Motor
Vehicles Act, 1988 by introducing Section 163A of the Act
providing for payment of compensation notwithstanding
anything contained ... claim under sub-
section (1) of Section 163A of the Act, the claimant shall
not be required to plead or establish that the death
compensation under this Act."
6. By Act 54 of 1994, Section 163A was brought in the 1988 Act w.e.f. 14.11.1994. Section 163A ... claimants to seek compensation on structured formula basis as provided in Section 163A or make an application for compensation arising out of an accident
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
heirs of Ajit Das, since
deceased, filed a claim petition under Section 163A of the Motor
Vehicle Act for compensation for the death of Ajit ... such they claimed a sum of Rs.12,75,000/- under
Section 163A of the Motor Vehicle Act. It surfaces from the records
MAC APPL
related but also interlinked.
Section 140 is incorporated in Chapter X, Section 163A is incorporated in
Chapter XI and Section 166 is incorporated in Chapter ... wording of Section 140(3) is with self same wording of Section
163A(2), however, there is no similar wording of Section
related but also interlinked.
Section 140 is incorporated in Chapter X, Section 163A is incorporated
in Chapter XI and Section 166 is incorporated in Chapter ... wording of Section 140(3) is with self same
wording of Section 163A(2), however, there is no similar wording of
Section
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
