will now venture to determine whether a claim made under Section 163A of the Act is a claim under the "fault" liability principle ... principle.
12. For determination of the issue under consideration, namely, whether Section 163A of the Act is governed by the "fault
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
http://www.judis.nic.in
6
be contemplating
compensation under Section 163A of the Act?;
Whether the deceased not being a third party to the vehicle
No. RJ 02 SA 7811 being ... shoes of the owner can
maintain the claim under Section 163A of the Act from the
owner of the said vehicle?
5.1 The learned Tribunal
will now venture to determine whether a claim made under Section 163A of the Act is a claim under the fault liability principle, or under ... principle.
12. For determination of the issue under consideration, namely, whether Section 163A of the Act is governed by the "fault
balance shall be Rs.26,400/-, which shall be the multiplicand. Section 163A of the Motor Vehicles Act contains a special provision ... living expenses of the deceased. Therefore, where the application is under section 163A of the Act, it is possible to calculate the compensation
treatment.”
Therefore, the 1st respondent had filed a claim petition under Section
163A of the Motor Vehicles Act, 1988.
Counter of the Insurance Company ... that where a case is filed under Section 163A of the Motor
Vehicles Act, the claimant was not required to plead or establish that
treatment.”
Therefore, the 1st respondent had filed a claim petition under Section
163A of the Motor Vehicles Act, 1988.
Counter of the Insurance Company ... that where a case is filed under Section 163A of the Motor
Vehicles Act, the claimant was not required to plead or establish that
treatment.”
Therefore, the 1st respondent had filed a claim petition under Section
163A of the Motor Vehicles Act, 1988.
Counter of the Insurance Company ... that where a case is filed under Section 163A of the Motor
Vehicles Act, the claimant was not required to plead or establish that
deceased himself would be liable to
pay the compensation under Section 163A of the Act?;
Whether the deceased not being a third party ... shoes of the owner can
maintain the claim under Section 163A of the Act from the
owner of the said vehicle?
5.1 The learned Tribunal
National Insurance Company Vs.
Sinitha and others]:
“15. The heading of Section 163A also needs a
special mention. It reads, "Special Provisions ... Compensation on Structured Formula Basis". It
is abundantly clear that Section 163A, introduced a
different scheme for expeditious determination of accident
claims. Expeditious determination
