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1 - 10 of 11 (0.25 seconds)Section 165 in The Motor Vehicles Act, 1988 [Entire Act]
The Employee's Compensation Act, 1923
Section 149 in The Motor Vehicles Act, 1988 [Entire Act]
Deepal Girishbhai Soni And Ors vs United India Insurance Co. Ltd., Baroda on 18 March, 2004
10. In the present case, no specific finding has been recorded by the Tribunal that the accident had taken place due to the negligence of the petitioner himself, but the petitioner has been non-suited by the Tribunal on the ground that compensation for the death of or injury to a person who himself is responsible for causing an accident cannot claim through the Motor Accident Claims Tribunal constituted under Section 165 of the Act. Assuming that petitioner himself was responsible for the accident, still the present petition under Section 163-A of the Act, is maintainable. The Section 163-A, in view of Deepal Girishbhai Soni's case (supra), covers cases where even negligence is on the part of the victim. The decisions relied upon by the learned Tribunal for rejecting the claim of the petitioner are of no consequence in view of change in law. Therefore, the finding recorded by the learned Tribunal that petition under Section 163-A is not maintainable on the ground that a wrong doer cannot file petition under Section 163-A, is not sustainable. But the matter does not end here. The claimant in the present case has pleaded his income. Rs. 12,000/- per month and accordingly he has claimed compensation amounting to Rs. 5,00,000/-.
Section 167 in The Motor Vehicles Act, 1988 [Entire Act]
Section 168 in The Motor Vehicles Act, 1988 [Entire Act]
Motor Vehicles Act, 1939
Section 166 in The Motor Vehicles Act, 1988 [Entire Act]
Kokla Devi vs Chet Ram And Anr. on 13 November, 2001
9. A Division Bench of this Court in Kokla Devi v. Chet Ram and Anr. , in paragraphs-33, 34 and 39, has held, as follows: