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
liability' of the section is
regarding payment of compensation on structural formula basis.
Sub Section (2) of Section 163A makes it clear that ... said sections and not
under both. Therefore, the statute has specifically confirmed the
option between Section 140 and Section 163A and not between
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
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
Schedule.
SECTION 163B :- Option to file claim in
certain cases :- Where a person is entitled to
claim compensation under section 140 and
section 163A ... Transport Development Council for seeking
their views pursuant whereto several sections were
amended. Section 163A was inserted in the Act to
provide for payment
case are that the respondent-claimants filed
a claim petition under sec.163A of the Motor Vehicles Act 1988
{herein after ... view of well settled proposition of
law, a claim petition under sec.163A of the MV Act is not tenable
163A to claim under Section 166 of MV Act which is not the
intention and purport in legislating Section 163A. He
contends that therefore ... Section 140(4), to permit such defence to
be introduced by the Insurer and/or to
understand the provisions of Section 163A
legal heirs are not entitled to
compensation claimed by them under Section 163A of the Act
ibid.
9. Hon'ble Apex Court in United ... Section 140(4), to permit
such defence to be introduced by the Insurer and/or
to understand the provisions of Section 163A
Civil Judge & MACT, Udupi
questioning, entertaining the petition filed under
Section 163A of the Motor Vehicles Act, 1988 (' MV Act '
for short ... claimants have filed the claim petition before the
Tribunal under Section 163A of the MV Act. They have
contended that one Suresh Shetty was riding
claimant filed M.V.C. No.300/2007 under
Section 163A of the Motor Vehicles Act, 1988 (for short, 'the
Act') before ... award on the following grounds:
(i) In a claim under Section 163A of the Act, the
defence of rashness and negligence on the part
