herein filed a claim petition
under Section 163A of the Motor Vehicles Act, 1988 ('the Act'
for brevity) contending that husband ... view of the Cap
under Section 163A of the Motor Vehicles Act, the claim
petition itself is not maintainable. There is no nexus with
same, the claim petition has been filed
under Section 163A of the Motor Vehicles Act seeking
compensation for the death of Ratan Kumar ... petition under the
Motor Vehicles Act seeking compensation under Section 163A
of the Motor Vehicles Act. The judgments of the Hon'ble
Supreme Court
bread earner, wife filed the claim
petition under Section 163A of the Motor Vehicles Act,
1988, before the Tribunal seeking compensation.
In pursuance ... judgment and
award, petition came to be filed under Section 163A of the
Motor Vehicles Act. It is the contention of the learned
counsel
lost the bread earner and sought for compensation
invoking Section 163A of the Motor Vehicles Act ('the Act' for
brevity).
3. In response ... judgment and award and contended that
under Section 163A of the Motor Vehicles Act, the claimants
need not prove the negligence. It is a special
under Sections 279 , 337 and 338 of IPC.
Thereafter, the claim petition is filed by him under
section 163A of MV Act claiming compensation ... himself is tort
feasor, question of considering compensation under
Section 163A of MV Act does not arise. Hence, the
compensation which is awarded
deceased S Dayanand have filed the claim petition under
Section 163A of Motor Vehicles Act, contending that on
05-02-2009 at about ... claimant is not entitled for the compensation under
Section 163A of the Motor Vehicles Act (hereinafter referred to
as "the Act" for short
compensation.
2. The appellants filed a claim petition under Section 163A
of the Motor Vehicles Act contending that son of the
3
claimants P.Veeresh ... claimants filed the claim petition under Section
163A of the Motor Vehicles Act, whereunder, they need not
prove the negligence on the part of owner
injured-claimant had filed a petition
under Section 163A of MV Act before the Tribunal and
the Tribunal has awarded a compensation ... petition which was filed before the
Tribunal was under Section 163A of MV Act, the learned
Tribunal had no discretion to award the compensation
petitioners filed a claim petition
under Section 163A of the Motor Vehicles Act, 1989 before the
Tribunal claiming compensation from the respondents ... transport vehicle, from the purview
: 18 :
of section 10(2)(d) and section 2(41) of the
Act i.e. light motor vehicle
ADDITIONAL MACT AT HONNAVAR, DISMISSING THE
PETITION FILED U/S 163A OF MOTOR VEHICLE ACT.
THIS APPEAL COMING ON FOR FINAL HEARING THIS ... such, Section 163A of the M.V.Act was not applicable.
5. Section 163A of M.V.Act reads as under:
"163A. Special provisions