Susamma
Thomas), even in cases under Section 166 of MV Act, by borrowing
the principle underlying Section 163A and the Second Schedule. This
Court observed ... inconsistency. We are concerned with
cases falling under Section 166 and not under Section 163A
of MV Act. In cases falling under Section
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 ... cases.
Where a person is entitled to claim compensation under Section 140 and Section 163A, he shall file the claim under either of the said
Where a person is entitled to claim
compensation under section 140 and
section 163A, he shall file the claim
under either of the said sections ... dependants
have an option either to proceed under section 166 of
the Act or under section 163A of the Act. Once they
approach the Tribunal
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
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
Section 163A is in pari materia Sub-section (3) of Section 140 of the Act.
44. Section 163A does not contain any provision identical ... reduced from the amount of compensation payable under the said section or Section 163A.
45. By reason of the Section 163A, therefore, the compensation
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
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
full and final settlement.
6. Distinction between claims under Section 166 and Section 163A of the Act is that the former applies to cases where ... language used in the said Section. Compensation under Section 163A of the Act is to be awarded without proof of any fault and without leading
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
