dated 08.06.2010. In the meanwhile , petitioner filed a claim petition under
section 163A MV Act on 05.06.2010. AIR report and the present claim petition ... 163A MV act were filed in separate Tribunal's of South East Jurisdiction,
thereafter Ld. Predecessor of present Tribunal clubbed both these petitions vide
defence struck off vide order
dated 24.02.2020).
Petition under Section 163A of M.V. Act, 1988
for grant of compensation
AWARD
1. Vide this common ... order, I shall dispose of both the claim
petitions filed u/s. 163A M.V. Act with regard to fatal injuries
sustained by Sh. Sandeep
defence struck off vide order
dated 24.02.2020).
Petition under Section 163A of M.V. Act, 1988
for grant of compensation
AWARD
1. Vide this common ... order, I shall dispose of both the claim
petitions filed u/s. 163A M.V. Act with regard to fatal injuries
sustained by Sh. Sandeep
application was filed to convert the petition
into one under section 163A Motor Vehicles Act which was allowed
vide order dated 30.07.2013. The present award ... will be considered upon
the claim petition under section 163A of the MV Act.
Brief facts of the case:
2. The Road Traffic Accident
This
fact takes the case out of the purview of Section 163A of M.V. Act as the
petitioners fail to prove, even prima facie ... case seem to take this
matter out of the purview of Section 163A of M.V. Act. In this regard, this
Tribunal relies upon
Appeal (Civil) 3126/2002 decided on 18.03.2004. It was further
contended Section 163A MV Act, would not come to the help of the person
responsible ... Singh & Anr. MACT No. R01/15
"63. In section 163A, the expression notwithstanding anything
contained in this Act or in any other
judgmentcumaward, I proceed to decide the petition filed u/s
163A of Motor Vehicle Act, 1988, as amended uptodate (hereinafter referred ... settled law that a petition under Section 163A MV Act is
maintainable only in respect of victims having annual income upto
petitioner
Sh. Rambir Yadav, who is her husband, under Section 163A of the Motor
MACP No. 283/17 Page No. 1 of 19
Vehicles ... investigation, the petitioner had approached this tribunal for
compensation under Section 163A of the M.V. Act and the above Harish
Yadav was impleaded
scheme of the Act. In the context of Sections
166 and 163A of the Act of 1988, we are persuaded
to think that ... they are inapplicable
only when a claim is made under Section 163A of
the Act. Obviously, it is for the claimant to choose
under which
AWARD/JUDGMENT
1. This claim petition has been filed under Section 163A of the
Motor Vehicles Act, 1988 (hereinafter referred ... record. My issue-wise findings are as
under:-
ISSUE NO. 1
Section 163A of the MV Act provides as under:-
"163A. Special provisions
