deceased is up to 15 years, irrespective of Section 166 or Section
163A under which the claim for compensation has been made,
multiplier ... matter of grant of compensation, be it
under section 166 or section 163A of the Motor Vehicles Act.
Accordingly, reliance on the judgment passed
this Court.
12. An application under Section 166 of M.V. Act along with an
application under Section 163A of M.V. Act is maintainable ... under the act i.e. (i) under Section 166 and (ii) under
Section 14 or under Section 163A of the Act. Thereby
claimant can file
placing reliance the Notification in
respect of Second Schedule under section 163A of the MV Act for
compensation for third party fatal accident submitted that ... Motor Vehicle Act, 1988 has been further amended, deleting
Section 163A and the Second Schedule given under said section.
The amendment was made
insurance. Section 145 therein deals with the
definitions and Section 145 (g) defines 'third party' as 'includes the
Government'. Section ... liability. Section 163 talks about the Scheme for payment of
compensation in cases of hit and run motor accident and Section 163A talks
about payment
insurance. Section 145 therein deals with the
definitions and Section 145 (g) defines 'third party' as 'includes the
Government'. Section ... liability. Section 163 talks about the Scheme for payment of
compensation in cases of hit and run motor accident and Section 163A talks
about payment
entitled to compensation under Section 166 of the Motor
Vehicles Act are different from the requirements of section 163A of the
Motor Vehicles ... under Section 166 of the Motor
Vehicles Act cannot be used as a strait jacket formula in respect of a
petition under Section 163A
case may be in a claim made under sub
Section (1) of Section 163A of the Motor Vehicles Act. In order
to prove a claim ... 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
case may be in a claim made under sub
Section (1) of Section 163A of the Motor Vehicles Act. In order
to prove a claim ... 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
Tribunal has
rejected the claim filed by the appellants/claimants under Section
163A of the MV Act.
(Downloaded on 26/07/2024 ... wherein it has been observed that claim under Section 163A
of the MV Act is based on the principle of 'No Fault Liability
made under Section 163A and claims made under Section 166 . It
was stated that Section 163A and the Second Schedule in terms ... apply to determination of compensation in applications under Section
166. While stating that Section 163A contains a special provision, this
Court said:
"34. . . . . . . Section
