Susamma Thomas), even in cases under section 166 of MV Act,
by borrowing the principle underlying section 163A and the Second
Schedule. This Court observed ... inconsistency. We are
concerned with cases falling under section 166 and not under section 163A
24
of MV Act. In cases falling under section
section (1) of Section 165 under Section 166 .
The claimants have to elect one of the two remedies provided in Section
163A and Section ... remedy provided in Section 166 but it provides
for an alternative course to Section 166 . By incorporating Section 163A
in the 1988 Act, the Parliament
under sub-section (6) of Section 158 as an
application for compensation under the Act and sub-section
(6) of section 158 provides for submitting ... Section 163A. Section 163B also provides that where a
person is entitled to claim compensation under Section 140
and Section 163A, he can file
from the amount of compensation
payable under sub-section (2) of Section 140 or Section 163A of the Act. It
was however clarified, that ... section (3) of Section 140. In other words, just as in
27
Section 140 of the Act, so also under Section 163A
Laxmangarh (Alwar), Rajasthan
(hereinafter referred to as the learned Tribunal) under Section 163A
of the Motor Vehicles Act (hereinafter referred ... company, the insurance
company is liable to pay the compensation under Section 163A of
the Act. Consequently, by the Judgment and Award dated
Susamma
Thomas), even in cases under Section 166 of MV Act, by borrowing
the principle underlying Section 163A and the Second Schedule. This
Court observed ... inconsistency. We are concerned with
cases falling under Section 166 and not under Section 163A
of MV Act. In cases falling under Section
section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section ... section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112 [section 118], [sub-section (4) of section 163A
under Section 166 or Section 140 of Act, 1988.
22. In the scheme of Act, 1988, Chapter X, by virtue of Section 140, contemplates earliest ... filing application under Section 140 of Act, 1988.
26. Next provision under Act, 1988 is Section 161 read with Section 163, which is a special
reduced from the amount of compensation payable under this section or under Section 163A.]
141. Provisions as to other right to claim compensation for death ... cases.
Where a person is entitled to claim compensation under Section 140 and Section 163A, he shall file the claim under either of the said
reads:
Section 163B. Option to file claim in certain cases: Where a person is entitled to claim compensation under Section 140 and Section 163A ... impediment for the operation of the enactment. Sub-Section (1) of Section 163A states: notwithstanding anything contained in this Act or in any other
