section 166 of the Motor Vehicles Act,
1988. ("the MV Act " for short) for death or bodily injuries
caused in motor accidents ... claim petitions under section 166 of the Motor Vehicles
Act. The Claims Tribunal while awarding compensation
under section 140 of the MV Act
Act, and to correlate it with the relief
available under section 163-A and section 166 of the Act.
12. Section 140 Motor Vehicle Act ... compensation payable under this section or
under section 163 A. ]
13. In terms of Section 140 Motor Vehicle Act, a statutory liability is
placed
motor vehicle or motor vehicles. He is not required to prove it like
claim of fault liability under Section 166 . Sub- section 2 of Section ... with liability without fault in certain cases. Section 140
corresponding to Section 92-A of Motor Vehicles Act, 1939 (Chapter
VII-A) provides for liability
motor vehicle or vehicles against whom an order for compensation is passed in terms of the provisions of Section 140 of the Motor Vehicles Act ... hold that no appeal lies under Section 173 , Motor Vehicles Act, 1988, against an order passed under Section 140 of the Act against the insurer
Apex Court dealt with Section 92A of Motor Vehicles Act, 1939, which is pari materia to Section 140 of the Motor Vehicles Act, 1988. Hence ... Motor Vehicles Act, 1988 and in spite of the judgment of the Apex Court while dealing with the Section 92A of the Motor Vehicles Act
Bench is whether amendment to Section 140 of the Motor Vehicles Act, 1988 by the Motor Vehicles (Amendment) Act, 1994 enhancing the quantum of compensation ... increased under Section 140 of Motor Vehicles Act, 1988 from what was provided under Section 92A of Motor Vehicles Act, 1939. The intention
solace, the appellant invoked jurisdiction of Motor Accident
Claims Tribunal under Section 140 of the Motor Vehicles Act, 1988 (in
short, " MV Act ... Section 167 of the MV Act.
He submits that Sections 141, 143 as well as Section 144 of the MV Act
make
Bench is whether amendment to Section 140 of the Motor Vehicles Act, 1988 by the Motor Vehicles (Amendment) Act, 1994 enhancing the quantum of compensation ... increased Under Section 140 of Motor Vehicles Act, 1988 from what was provided under Section 92A of Motor Vehicles Act, 1939. The intention
application u/s.166
of MV Act is not preferred. Therefore, application u/s.140 of MV Act
is not maintainable ... above , application u/s.140 of MV Act in absence of application
u/s.166 of MV Act is maintainable in law which
section (3) of Section 140. Sub-section (4) of Section 140 then clarifies that a claim for compensation under Sub-section (1) of Section 140 ... with claim petitions filed under Section 110B of the Motor Vehicles Act, 1939/ Section 166 of the Motor Vehicles Act, 1988. These decisions will, therefore
