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1 - 3 of 3 (0.28 seconds)Section 166 in The Motor Vehicles Act, 1988 [Entire Act]
United India Ins.Co.Ltd vs Sunil Kumar & Anr on 29 October, 2013
7. The Claim Petition came to be filed before the learned
Tribunal under the provisions of Section 163A of the Motor
Vehicle Act. In a Claim Petition preferred under Section 163A
of the Motor Vehicle Act, the aspect of negligence has no
relevance and hence, the learned Tribunal ought not to have
deducted 40% of the awarded amount on account of the self-
negligence of the deceased. Further, the issue of negligence
in the Claim Petition preferred under Section 163A of the
Motor Vehicle Act is no more res integra, as it has been
settled in view of the decision rendered by the Hon'ble Apex
Court in the case of United India Insurance Co. Ltd. vs. Sunil
Kumar and Anr. reported in (2019) 12 SCC 398, wherein the
Hon'ble Apex Court has observed as under :-
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