Procedure ,
1908 and Section 306 of Indian Succession Act, 1925 are
applicable to the proceedings under Section 166 of the Motor
Vehicles Act, 1988, which ... held that section 144 of the Motor
Vehicles Act provides for overriding effect; Section 155 of the
Motor Vehicle Act provides for survival of cause
section 166 of the Motor Vehicles Act,
1988. ("the MV Act " for short) for death or bodily injuries
caused in motor accidents ... that may be
filed under section 166 , the Tribunal would pass award
under section 168 of the Motor Vehicles Act.
Page
maintain a claim for compensation as envisaged
under Section 166 of the Motor Vehicles Act. It is only under
Section ... Motor Vehicles Act, 1988
by introducing Section 163 A of the Act providing for
payment of compensation notwithstanding anything
contained in the Act
recommended the
amendment to Section 306 of the Indian Succession Act, 1925 as
well as Section 166 of the Motor Vehicles Act, 1988 to provide ... recommended that amendment of Section 306
of the Indian Succession Act, 1925 and Section 110A of the Motor
Vehicles Act, 1939 to permit the survival
Motor Vehicles Act, 1988
(hereinafter referred to as ' MV Act ') and not under Section 163-A MV Act.
In a claim ... offending vehicle in a claim petition
MAC.APP.750/2006 Page 5 of 7
filed under Section 166 of MV Act, therefore
compensation are different for claims made under Section 163A of
MV Act and claims under Section 166 of MV Act. (See : Oriental
Insurance ... concerned with
cases falling under Section 166 and not under Section 163A
of MV Act. In cases falling under Section 166 of the MV
taken place might have approached the Motor Vehicles Claims
Tribunal under Section 166 of the M.V. Act without knowing the
legal position ... MV Act by choosing the Forum under M.V.Act as per
Section 167, then the tribunal cannot grant him compensation under
Section 166
under Section 163-A of the Motor Vehicles Act and on the other hand it was concerned with cases falling under Section 166 ... irrespective of the section under which the claims have been made (Section 163-A or Section 166 of the Motor Vehciles Act), 15 shall
petition filed under section 140 of the Motor Vehicles Act
as well as the petition filed under section 166 of the Motor Vehicles
Act ... claim applications before the
Tribunal under section 140 as well as under section 166 of the
Motor Vehicles Act, stating therein that the death
section 167 of the Motor
Vehicles Act, option to claim compensation either under
the Motor Vehicles Act or Workmen's Compensation
Act ... option under Section 167 of
the Motor Vehicles Act is not available to him and as
such, the petition under Section 166 of the Motor
