importance of various questions arising regarding the scope and applicability of Section 163A which was inserted by the Parliament in the Motor Vehicles ... person is entitled to claim compensation under Section 140 and Section 163A he shall file the claim under either of the said sections
involved in the accidents and the claim petitions were filed
under Section 163A of the Motor Vehicles ... vehicle.
8. The learned counsel has further submitted
that Section 163A starts with a non-obstante clause and
therefore all other provisions
claim for compensation on no fault basis in terms of Section 163A of the Motor Vehicles Act. The claim was opposed by the respondent-Corporation ... arising out of the use of motor vehicle" appearing in Section 163A of the Motor Vehicles Act and ignored the legislative object behind
short the Act) which later on was converted to one under Section 163A of the Act claiming compensation from the owner and insurer ... respondent-Insurance Co. would contend that the claim petition under Section 163A of the Act is not maintainable, in view of the fact that
amended by Act 54 of 1994, interalia
inserting Section 163A and the Second
Schedule with effect from 14.11.1994.
Section 163A of the MV Act contains ... living expenses of the deceased.
Therefore, where the application is under
section 163A of the Act, it is possible to
calculate the compensation
status before the Tribunal.
4. The claimants filed the petition under Section
163A of the Motor Vehicles Act, 1988 (hereinafter referred ... road traffic accident, his legal
representatives filed the claim petition under Section 163A
of the Act seeking compensation under the provisions
right in dismissing the
claim petitions which were filed under Section 163A of the
Act. He submitted that two vehicles were involved in the
accident ... that
when the claim petitions were filed under Section 163A of
the Act, as two vehicles were involved in the accident, the
Tribunal
vehicle accident and consequently, the claimants are
entitled for compensation under Section 163A of the
Motor Vehicles ... Insurance Company is liable to pay
any compensation under Section 163A of the M.V. Act
or under any other provision of law. He submits
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
counsel for claimant.
4
3. The claim petition was filed under section 163A of the
Motor Vehicles Act, 1988 (for short ... month. The
Tribunal ignoring the income of claimant, proceeded under
section 163A of the Act to decide issue No.1. The Tribunal
while deciding issue
