under :-
"9.5 It is true that, in a claim under Section 163A
of the Act, there is no need for the claimants to
plead ... vehicle
concerned. It is also true that the claim petition
under Section 163A of the Act is based on the
principle of no fault liability
Ramkhiladi (supra)
has again considered the entitlement of the claimants under Section
163A of the Act of 1988 by legal representatives of the owner ... ultimately concluded by this
Court that the liability under Section 163A
of the Act is on the owner of the vehicle as
a person cannot
Claim (MACT) Case No.7/2017, by which her
application under Section 163A of the MV Act has been rejected.
2. Deceased Dinesh Patel ... leading to which his mother Gouri Bai
Patel preferred application under Section 163A of the MV Act which
has been rejected by the Claims Tribunal
been awarded to the claimants while allowing
the application filed under Section 163 of the Motor Vehicles Act.
2. Mr. Anil Gulati, learned counsel ... this stage, it would be appropriate to notice Section 163A of the
Motor Vehicles Act, which reads as under:-
"163-A. Special provisions
income before the
rejecting the application. Even otherwise, Second Schedule of
Section 163-A suffered amendment w.e.f. 22.05.2018 and the
compensation awarded ... this stage, it would be appropriate to notice Section 163A of the
Motor Vehicles Act, which reads as under:-
5
"163-A. Special provisions
accordingly. He would further submit that the Second Schedule
enacted under Section 163A of the Motor Vehicles Act, 1988 prior to
its amendment would
accordingly. He would further submit that the Second Schedule
enacted under Section 163A of the Motor Vehicles Act, 1988 prior to
its amendment would
amended Second Schedule of
the Motor Vehicles Act (Section 163A) w.e.f. 22.05.2018.
6. Accordingly, the appeal of the Insurance Company is
liable
Section 166 of the Motor
Vehicles Act, 1988, but as per the insurance policy, there is
personal accident coverage, therefore, in proceeding under
Section 163A
appellant/Insurance
company would submit that a claim petition under Section 163A of
Chhattisgarh Motor Vehicles Act, 1988 was filed and the learned
Tribunal
