Motor Vehicle Rules, 1989, but, the same was
subsequently amended to that of a petition under Section 163A and 168
of the Motor Vehicle Act ... Section 168 of the Motor
Vehicles Act. Admittedly, compensation to be computed under Section
163 of the Motor Vehicles Act is based on a structured
Motor Vehicle Rules, 1989, but, the same was
subsequently amended to that of a petition under Section 163A and 168
of the Motor Vehicle Act ... Section 168 of the Motor
Vehicles Act. Admittedly, compensation to be computed under Section
163 of the Motor Vehicles Act is based on a structured
untimely death, his parents filed claim application under
Section 163A of Motor Vehicles Act, 19232.
4. Despite service of notice, owner of offending
motorcycle ... Section 163A of MV
Act cannot be converted by insurer into a claim under Section
166 of MV Act by urging contentions
untimely death, his parents filed claim application under
Section 163A of Motor Vehicles Act, 19232.
4. Despite service of notice, owner of offending
motorcycle ... Section 163A of MV
Act cannot be converted by insurer into a claim under Section
166 of MV Act by urging contentions
daughter son of
deceased Lagama filed claim petition under Section 163A of
Motor Vehicles Act, 19881, against owner and insurer of
motorcycle.
3. Despite service ... Section 163A of MV Act were modified
and amended by substitution with Section 164 of MV Act
providing for payment of lumpsum amount
application where owner of the motor vehicle was involved himself. The
Apex Court assessed Section 163A of MV Act carefully and since,
liability under ... insurer of vehicle is liable to indemnify insured
owner of the vehicle. Supreme Court analysed Section 146 and 147 of
MV Act and stated
Motor Vehicle Act, 1988, whereas, in the instant
case, the claim case has been filed under Section 166 of the
Motor Vehicle Act ... under Motor Vehicle Act,
1988 , it has to be first ascertained that whether their case falls
under Section 166 of the Motor Vehicle Act
Claim
Petition before the learned Tribunal under
Section 163A of the Motor Vehicle Act, seeking
compensation to the tune ... that though the Claim Petition was filed
under Section 163A of the Motor Vehicle Act, however, the
learned Tribunal without appreciating the provisions of
Section
heirs set up claim under Section 163A of the Motor
Vehicles Act, 1988 [ MV Act ] to the tune ... appellants is that compensation is awarded under Section
163A of MV Act. That, in fact it ought to have been granted by
considering
163A of the Motor Vehicles Act. For better
appreciation of the case, Section 163A of the Act is extracted hereunder:
―163A. Special provisions ... motor
vehicle and that he suffered injuries in the said accident, the claimant is
entitled to compensation under Section 163A of the Motor Vehicles Act
