Saha
which dealt with claims under Section 166 of the Act. It was
held that under Section 163A of the Act the liability ... risks or those
specified in Section 147 read with Section 149 .
15. We cannot but notice that Section 163A is a special
provision brought
insurance policy. The claim petition filed by the
claimants is under Section 163A of the Motor Vehicles Act and that in
such petitions, the annual ... filed under Section 166 of the Motor Vehicles Act. In
a petition under Section 163A of the Motor Vehicles Act, compensation
has to be granted
insurance policy. The claim petition filed by the
claimants is under Section 163A of the Motor Vehicles Act and that in
such petitions, the annual ... filed under Section 166 of the Motor Vehicles Act. In
a petition under Section 163A of the Motor Vehicles Act, compensation
has to be granted
2026
undefined
the claim petition preferred by the original claimants under
Section 163A of the Act of 1988, holding that the deceased
himself, being ... Tribunal
committed serious error in dismissing the claim petition under
Section 163A of the Act, 1988. It was submitted that while
dismissing the claim petition
Advocate for the Appellants
that, the claim petition was filed under Section 163A of the Motor
Vehicles Act, 1988, and therefore the Appellants were ... Section 140(4), to permit such
defence to be introduced by the Insurer and/or to understand
the provisions of Section 163A
2006 wherein para 6 held as under :-
"6. Section 163A was inserted in the Act w.e.f. 14-11-1994. It
provides special ... basis. A conjoint reading of provision of the Section 163A with other
sections of Act reveals that it is open for a victim or legal
instituted by
claimants initially under section 166 of M.V. Act, but they
consciously got it converted under section 163A of M.V. Act. Indeed ... permissible compensation even under section 164 of M.V. Act, as
amended in May 2018, which replaced section 163A, i.e. to tune
considering the issue
of negligence, as the petition was filed under Section 163A of the
Motor Vehicles Act, and the assessment of 50% negligence ... Sunil
Kumar , (2014) 1 SCC 580. In proceedings filed under Section
163A, the claimant is not required to plead or establish that the
death
appellants herein preferred the Claim
Petition before the learned Tribunal under
Section 163A of the Motor Vehicle Act, seeking
compensation to the tune ... Section
140(4), to permit such defence to be introduced
by the Insurer and/or to understand the
provisions of Section 163A
under:-
" 1 5 . The heading of Section 163A also needs a special
mention. It reads, "Special Provisions as to Payment of
Compensation ... Structured Formula Basis". It is abundantly
clear that Section 163A, introduced a different scheme for
expeditious determination of accident claims. Expeditious
determination would have
