Therefore, he has filed a claim petition before the
Tribunal under Section 163A of the MV Act and the
Tribunal has awarded a total compensation ... tort feasor of
causing accident, then the claim petition filed under
Section 163A of the MV Act is not maintainable.
However, the Tribunal without appreciating
without involving any other vehicle. The claim petition was
filed under Section 163A of the Act by the legal representatives
of the deceased against ... stepped into the
shoes of the owner of the vehicle, Section 163A of the Act
cannot apply wherein the owner of the vehicle himself
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
petitioner
Sh. Rambir Yadav, who is her husband, under Section 163A of the Motor
MACP No. 283/17 Page No. 1 of 19
Vehicles ... under Section
166 of the M.V. Act and the basic distinction between the above two pro-
visions is that as per Section 163A
section 140(4), to permit such
defence to the introduced by the insurer and /or to understand
the provisions of Section 163A ... neither Section 163-A nor Section 166 would be
applicable."
Thus, no such claim would be maintainable for the owner even
under Section
been caused in road traffic accident and under the
provisions of Section 163A of the M.V. Act where rash and negligent ... still
entitled for certain compensation at least under the provisions of
Section 163A of M.V. Act.
15. Ld. Counsel
claim,
as a result of which, the petition under Section 163A of the
Motor Vehicles Act, 1988, would have to be dismissed.
Further, the High ... petitioner, has argued that the petition being filed
under Section 163A, it is clear that the liability is ‘no
fault’, as a result of which
Compensation Act,
1923 ) as well. However, the said term appears under Section 163A and
also under Section 166 of the MV Act (dealing with ... motor vehicle, compensation can be claimed either under Section
163A of the MV Act on the basis of a structured formula (where
made on
behalf of the claimants that in a claim under Section
163A of the Act mere use of the vehicle is enough and
despite ... involved in the
accident resulting in his death, the claim under
Section 163A of the Act would be maintainable is
concerned, in view
2013
3
2. By the impugned award, the Tribunal acting
under Section 163A of the Motor Vehicles Act, 1988, has
granted compensation ... Section 140(4), to permit such
defence to be introduced by the Insurer and/or to
understand the provisions of Section 163A
