disown the liability to pay compensation to the third
party claimants, since, section 149 of the Motor Vehicles Act, 1988 mandates the
Insurer to satisfy ... entitled to raise a defence in a claim petition filed
under Section 163A or Section 166 of the Motor Vehicles Act, 1988
inter alia
vehicle and sustained grievous injuries. The claim petition was filed
under Section 163 A of the Motor Vehicles Act, 1988. However, the claimant has
asserted ... Insurance Company on the ground that the petition under
Section 163A is not maintainable, since the claimant is not earning income less than
under Section 163 A, it is not necessary to
ascertain negligence. After holding so, the Tribunal has converted the petition
under Section 163A into petition ... India Insurance Company Ltd. reported in
(2009) 13 SCC 710.
6.Section 163A in the MV Act was introduced in the year 1994 to provide
petition on no fault liability either
under Section 140 of the Motor Vehicles Act or under Section 163A of the
6/22
http://www.judis ... Without attributing negligence had the claim petition been filed
under Section 163A of the Motor Vehicles Act, being a road accident the
Tribunal would have
Siddhaiyan
3.Kamala
4.Vellangiri ...Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988, against the judgment and decree dated ... where the claim under the provision
of Section 163A has to be dealt with as per the compensation fixed under
http://www.judis
Motor Vehicles Act in the year
1994 as per Section 163A of the Motor Vehicle Act, which provides for
structured compensation as per Schedule
appellant specifically contended
that the claim petition was filed under Section 163A of the M.V. Act and the
Tribunal has not followed the procedure ... case and the reason why the petition was filed under
Section 163A of the Act. The Tribunal has not given any reason for fixing
Managing Director,
Anna Salai, Chennai. ...Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988, against the judgment and decree dated ... intra trochnteric at right femur.
Hence, the claim petition under Section 163A was filed seeking
compensation of Rs.1,00,000/-.
4. The Transport Corporation
sustained injuries. The Tribunal has applied the structured formula
prescribed under Section 163A of the Motor Vehicles Act and taking note of the
disability certificate ... assessed the functional disability as 10% and
applied structured formula.
4.Section 163A is applicable in case of death and permanent disability
caused
sustained injuries. The Tribunal has applied the structured formula
prescribed under Section 163A of the Motor Vehicles Act and taking note of the
disability certificate ... assessed the functional disability as 10% and
applied structured formula.
4.Section 163A is applicable in case of death and permanent disability
caused
