their claim petition.
2. A claim petition was filed under Section 163A of the
Motor Vehicles Act, 1988 (for short, 'the Act')
contending ... ultimately succumbed to the
same.
3. The claim petition filed under Section 163A of the Act
has been rejected by the Tribunal only
challenging the dismissal of
the claim petition filed by him under section 163A of Motor
Vehicles Act (for short ... therefore it could not be made
liable for the accident under Section 163A of the M.V.Act
and it was only the vehicle which
enhancement of
compensation.
2. The claimants filed an application under Section 163A
of the Motor Vehicles Act, 1988 (for short ... owner and therefore,
the claimants could not maintain the claim under Section
163A of the MV Act.
5. He sought to place reliance
dismissal of a claim petition
which has been filed under Section 163A of the Motor
Vehicles Act.
2. The Tribunal has dismissed the claim petition ... completely
irrelevant as far as the liability to pay compensation
under Section 163A is concerned.
60. It therefore follows that (a) whether the
owner
father of deceased David Kumar filed an
application under Section 163A of the Motor Vehicles
Act, 1988 seeking compensation for the death ... hence, a claim
8
could not have been brought under Section 163A of the
Act.
9. In this case, it is not in dispute that
deceased B.
Jayashankar filed a Claim petition under Section 163A
of Motor Vehicles Act contending that while B.
Jayashankar was riding a motor cycle, suddenly ... entitled for
compensation, without going into the negligence as
contemplated under Section 163A of the Motor Vehicles
Act.
4. The Tribunal on consideration
claim petition seeking for compensation under the
structured formula under Section 163A of the Motor
Vehicles Act, 1988 (' MV Act ' for short ... record came to the conclusion that the
application/petition under Section 163A could not be
5
maintained in view of the fact that the accident
FOLLOWING:
JUDGMENT
1. This appeal arises out of proceeding initiated under
Section 163A of the Motor Vehicles Act, 1988 (for short ... This Court has taken the view that for a
claim under Section 163A of the Act all that was required
to establish that victim should
appeal is filed challenging the dismissal of the
claim petition under Section 163A of the Motor Vehicles
Act, 1988 (for short ... Court has held that the only
requirement to be established under Section 163A of the
Act is that of an accident occurred as a result
year old boy, a claim petition
was filed under Section 163A of the Motor Vehicles Act,
1988 (for short ... subsequently, the same was converted into one under
Section 163A of the Act.
2. During the pendency of the said petition, the mother
