petition filed
earlier under Section 166 read with Section 140 of the
Act was converted into under Section 163A of the Act
and this question ... embargo under Section 163B of the Act gives
an option to file claim petition either under Section
140 or under Section 163A
absence of
a provision similar to sub-section (4) of
Section 140 of the Act in Section 163A of
the Act. Such absence has been ... final
compensation by resort to the provisions
of Section 166 of the Act, Section 163A of
the Act provides for award of final
compensation
motor vehicles" includes claims for compensation under Section 140 (and Section 163A).
20. Thus from a careful reading of the provisions of Section 163A ... Section 165(1) both of Motor Vehicle Act (New) it is clear that under Section 163A, the owner or authorised insurer shall be liable
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 ... section (1) of Section 147 (being a liability covered by the terms of the policy) or under the provisions of Section 163A is obtained against
provided under Section 147 of the
M.V.Act. The difference between Sections 163A ... need to prove negligence under Section 166 and
non-requirement of proving negligence under Section
163A. The other difference is unlimited liability on the
Insurer
section (1) of Section 147 (being a liability covered by the terms of the policy) or under the provisions of Section 163A is obtained against ... sections (4) and (5) and restricted by the provisions of Sub-section (7) of Section 149 . According to Sub-section (4), once a certificate
fault liability' in accordance with Section 141 of the Act of 1988. Compared with it, Section 163A allows victim of the accident to approach ... meaning of Section 173 of the Act of 1988. The right of appeal to the insurer against an award under Section 163A on the above
163A is in pari materia with Sub-section (3) of Section 140 of the Act.
47. Section 163A does not contain any provision identical ... such provision as Sub-section (4) of Section 140 was neither needed nor could have been there in Section 163A of the Act, that being
sections (4) and (5) and restricted by the provisions of Sub-section (7) of Section 149 . According to Sub-section (4), once a certificate ... section (1) of Section 147 (being a liability covered by the terms of the policy) OR (ii)"under the provisions of Section 163A
clear from the FIR (Ex.P/1).Therefore, under Sub-section (2) of Section 163A, it would be a case of contributory negligence.
7. Having ... examined in view of the specific provisions of Sub-section (2) of Section 163A of the Act of 1988.
16. So far as the next
