with sub-section (3) of Section 140. In other words, just as in Section 140 of the Act, so also under Section 163A ... then, there is no equivalent of sub-section (4) of Section 140 in Section 163A of the Act. Whereas, under sub-section (4) of Section
Section 163A of the Act. The object for incorporating Sub-
section (2) in Section 163A of the Act is, that the burden of
pleading ... absence of a provision similar to Sub-section (4) of
Section 140 of the Act from Section 163A of the Act, is for
shifting
proceeding under Section 163A or under Section
166 of the Act, but not under both. Section 163A, which has an
overriding effect, provides for special ... under Section 163A and the other under Section
166. When the claim was filed under Section 163A, the Tribunal ought to
have followed the provision
Section 163A of the Act. The object for incorporating Sub-
section (2) in Section 163A of the Act is, that the burden of
pleading ... absence of a provision similar to Sub-section (4) of
Section 140 of the Act from Section 163A of the Act, is for
shifting
compensation
('the application') filed by the appellants under Section 163A of
the Motor Vehicles Act, 1988 ('the Act') has been rejected ... negligence, which is not required to be
proved under sub-section (2) of Section 163A of the Act. Once,
there was no issue relating
compensation under section 166 i.e. an applicant has a choice either to apply under section 166 or to apply under section 163A ... Section 163B of the Act clearly lays down that where a person is entitled, to claim compensation under section 140 and section 163A he shall
section (2) of Section 149 of the M.V. Act. However, we must point out that when an application under Section ... prevalent in the year 1994 and accordingly by Sub-section (3) of Section 163A of the Act, the Legislatures kept a provision for enhancement
filed under Section 166 read with Section
140 of the Act but the Tribunal has converted the claim
petition into under Section 163A ... embargo under Section 163B of the Act gives
an option to file claim petition either under Section
140 or under Section 163A
appellant - claimant
and admittedly, the claim petition filed under Section
163A of the Act.
5. The following noteworthy facts emerge from the
record ... Section 140(4), to permit such defence
to be introduced by the Insurer and/or to understand
the provisions of Section 163A
Section 140(4), to permit such defence to be
introduced by the Insurer and/or to understand the
provisions of Section 163A ... filed application under Section
166 of the Act and as such the Tribunal gravely erred in
awarding compensation under Section 163A
