concerned party (owner or insurer) to
defeat a claim raised under Section 163A of the
Act, by pleading and establishing anyone of the
three ... avoiding to include a similar negative bar in
Section 163A of the Act. The object for
incorporating Sub-section (2) in Section 163A
concerned party (owner or insurer) to
defeat a claim raised under Section 163A of the
Act, by pleading and establishing anyone of the
three ... avoiding to include a similar negative bar in
Section 163A of the Act. The object for
incorporating Sub-section (2) in Section 163A
Bench held as under:
"13. The legislature in 1994 introduced S.163A
into the Statute book. While under S.140 even without
proving ... fault only a specific amount alone could
be claimed, under S. 163A comprehensive claim can
be staked for compensation by the victims who have
suffered
concerned party (owner or insurer) to
defeat a claim raised under Section 163A of the
Act, by pleading and establishing anyone of the
three ... 2007 & 749/2011 Page 7 of 14
Section 163A of the Act. The object for
incorporating Sub-section (2) in Section 163A
Bench held as under:
"13. The legislature in 1994 introduced S.163A
into the Statute book. While under S.140 even without
proving ... fault only a specific amount alone could
be claimed, under S. 163A comprehensive claim can
be staked for compensation by the victims who have
suffered
concerned party
(owner or insurer) to defeat a claim raised under Section
163A of the Act, by pleading and establishing anyone of the
three ... avoiding to include a similar negative bar in
Section 163A of the Act. The object for incorporating Sub-
section (2) in Section 163A
concerned party
(owner or insurer) to defeat a claim raised under Section
163A of the Act, by pleading and establishing anyone of the
three ... avoiding to include a similar negative bar in
Section 163A of the Act. The object for incorporating Sub-
section (2) in Section 163A
proceedings under Section 166 of the
Act, after obtaining compensation under Section 163A, the
MAC. APP. No.457/2005 Page 2 of 7
awardee fails ... would it be at
liberty to award compensation in terms of
Section 163A thereof.
60. The answer to both the aforementioned questions must be
rendered
Bench held as
under:
"13. The legislature in 1994 introduced S.163A into
the Statute book. While under S.140 even without
proving ... fault only a specific amount alone could be
claimed, under S. 163A comprehensive claim can be
staked for compensation by the victims who have suffered
concerned party (owner or insurer) to
defeat a claim raised under Section 163A of the
Act, by pleading and establishing anyone of the
three ... avoiding to include a similar negative bar in
Section 163A of the Act. The object for
incorporating Sub-section (2) in Section 163A
