Laxmangarh (Alwar), Rajasthan
(hereinafter referred to as the learned Tribunal) under Section 163A
of the Motor Vehicles Act (hereinafter referred ... company, the insurance
company is liable to pay the compensation under Section 163A of
the Act. Consequently, by the Judgment and Award dated
been
expressly incorporated in Section 140 of the Act (through
sub-section (4) thereof), having not been embodied in
Section 163A ... through sub-section
(4) in Section 140 of the Act, yet consciously did not include
the same in the scheme of Section 163A
under Section 166 or Section 140 of Act, 1988.
30. In the scheme of Act, 1988, Chapter X, by virtue of Section 140, contemplates quick ... filing application under Section 140 of Act, 1988.
34. Next provision under Act, 1988 is Section 161 read with Section 163, which is a special
been expressly incorporated in Section 140 of the Act
(through sub-section (4) thereof), having not been embodied in
Section 163A ... presence of sub-
section (4) in Section 140 of the Act and the absence of a similar
provision in Section 163A, leaves no room
Thereafter,
the Tribunal proceeded with adjudication of the claim petition under
Section 163A of the M.V. Act and, accordingly, awarded the aforesaid
compensation ... stated above, the claim was under Section 163A of the
M.V. Act, in which case, there is no need to the claimants to prove
compensation under Section 163A of the Act?;
Whether the deceased not being a third party to the vehicle
No. RJ 02 SA 7811 being ... shoes of the owner can
maintain the claim under Section 163A of the Act from the
owner of the said vehicle?
5.1 The learned Tribunal
died on the spot.
4. The claimants filed a petition invoking Section
163A of the Act and sought compensation on the ground
that the deceased ... compensation
awarded by the Tribunal in a proceedings arising out of
Section 163A of the Act in case of a rider of the motorcycle
against
grossly erred in invoking
Section 140 of the MV Act when the petition was filed under
6
Section 163A of the MV Act. The learned ... compensation under Section 140 of the MV
Act. The compensation payable either under Section 140 of the
MV Act or under Section 163A
been
expressly incorporated in Section 140 of the Act (through sub-
section (4) thereof), having not been embodied in Section 163A ... presence of sub-section (4) in Section 140
of the Act and the absence of a similar provision in Section 163A,
leaves no room
Tribunal' for short), questioning the
maintainability of the petition under Section 163A of the Motor
Vehicles Act, 1988 ('the Act' for short ... submits that under Section 140 of the Act, both claimant
and defence are precluded from raising ground of fault. Section
163A
