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1 - 5 of 5 (0.17 seconds)Section 166 in The Motor Vehicles Act, 1988 [Entire Act]
The Minimum Wages Act, 1948
Smt.Rita Devi & Ors vs New India Assurance Co.Ltd. & Anr on 27 April, 2000
11. Keeping in view the facts and circumstances of the case, I direct the
learned Tribunal to adjudicate the claim petition under Section 163-A and
pass a fresh order keeping in view the observations made in the case of
Rukmani Devi (Supra).
Deepal Girishbhai Soni And Ors vs United India Insurance Co. Ltd., Baroda on 18 March, 2004
6. The issue whether the claim petition filed under Section 163-A is
maintainable if the annual income of the deceased is more than Rs.40,000/-
per annum. This court has categorically opined that taking the interpretation
of Section 163-A of Motor Vehicles Act, the clear intention of the
legislation was to come to rescue of all those who, in the absence of any
evidence, are not in a position to file a claim petition under Section 166 of
Motor Vehicles Act. Where death of the victim or permanent disablement of
victim was required to be proved by establishing the factum of negligence
in favour of the offending vehicle resulting into causing the accident under
Section 163-A, the requirement of proving the negligence has been
dispensed with. Even otherwise, the issue before the Supreme Court in
Deepal Girishbhai (Supra) was whether two petitions filed by the
claimants simultaneously under Sections 166 and 163-A are maintainable.
In para 51 of the aforesaid judgment, it is recorded that it does not contain
any provision providing for set off against a higher compensation unlike
Section 140. In terms of the said provision, a distinct and specified class of
citizens, namely, persons whose income per annum is Rs.40,000/- or less is
covered thereunder whereas Sections 140 and 166 cater to all sections of
society.
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