Section 163a - Judgment Search Results

Vithal S/o Pundalik Jival, Vs. Parashuram S/o Changappa Halagekar

Court: Karnataka Dharwad

..... b the insurer will have to satisfy the compensation awarded under section 163a or under section 140 or section 166 since section 149 expressly states that the insurer would be liable to pay ..... view of the non obstante clause used in section 163a and the specific mention of section 163a in section 149 the liability to pay compensation under section 163a being titled as a special provision nothing .....

Smt Sangeetha Vs. Sri Krishna Chari

Court: Karnataka

..... v act in case of a claim made under section 163a the only exception in section 163a is that a claim petition could be maintained by ..... vehicle and not being an employee is not maintainable under section 163a or section 166 of the m v act before mact this position ..... to contend that the onus rested on the insurance company under section 163a of mv act to establish the relationship between the owner of .....

Appaji Vs. M. Krishna

Court: Karnataka

Reported in: II(2005)ACC591

..... respondents any such requirement of proving the fault having been dispensed with by sub section 2 of section 163a permitting the respondents to set up the defence that the accident was without ..... this court in guruanna vadi v general manager karnataka state road transport corporation air2001kant275 where section 163a was declared to be a substantive provision available only for claims based on post .....

Thomas Vs. P.Sivasubramaniam

Court: Chennai

..... vehicle but then there is no equivalent of sub section 4 of section 140 in section 163a of the act whereas under sub section 4 of section 140 there is a specific bar whereby the concerned ..... is necessary to carry out a comparison between sections 140 and 163a of the act for this section 163a of the act is being extracted hereunder section 163a special provisions as to payment of compensation on .....

National Insurance Company Ltd. Vs. P.C. Chacko and Others

Court: Kerala

..... respect of a motor accident 12 we shall now straight away refer to section 163a we extract section 163a below section 163a special provisions as to payment of compensation on structured formula basis 1 ..... the idea that negligence need not be proved in a claim under section 163a negligence is irrelevant under section 163a it might have been shocking initially for the legal community groomed in .....

United India Insurance Company Limited Vs. N. Jagannath and Others

Court: Andhra Pradesh

..... materia provisions and there is no provision corresponding to section 140 4 in section 163a and thereby the claim for compensation under section 163a held is fault based liability from the contributory ..... provisions and there is no provision corresponding to section 140 4 in section 163a and thereby the claim for compensation under section 163a held is fault based liability from the contributory .....

United India Insurance Company Ltd. Vs. Satya NaraIn Sharma and ors.

Court: Rajasthan

Reported in: 2008ACJ909; AIR2008Raj23; 2008AIHC671(Raj)(FB)

..... thereunder simultaneously one thus must opt elect to go either for a proceeding under section 163a or under section 166 of the act but not under both 59 the question may be considered ..... view of the non obstante clause notwithstanding anything contained in this act the provisions of section 163a would exclude determination of compensation on the principle of fault liability 5 the procedure of .....

Divisional Manager, Vs. Tushar S/o Uttam Nagavekar,

Court: Karnataka Dharwad

..... party fatal accidents injury cases claims 16 thus chapter xi under which section 163a falls and the schedule appended to section 163a makes it unmistakably clear that the claims are maintainable only against ..... of the victim the second schedule reads as follows 15 the second schedule see section 163a schedule for compensation for third party fatal accidents injury cases claims1 a fatal accidents .....

National Insurance Co. Ltd. Rep. by Its Assistant Administrative Offic ...

Court: Karnataka

Reported in: 2008ACJ1459; AIR2008Kant85; ILR2008KAR959; 2008(5)KarLJ697; ILR2008(1)Kar959; 2008(5)KLJ697; 2008(2)KCCRSN87; 2008(2)AIRKarR562; AIR2008Kar85; 2008ACJ1459; 2008AIHC2090(Kar)(DB)

..... of proving the fault having been dispensed with by sub section 2 to section 163a permitting the respondents to set up the defence that ..... dispute his negligence in the matter in view of sub section 2 of section 163a the claimant need not plead or establish that the ..... arise for our consideration are i whether the claim petition under section 163a of the act was maintainable ii whether the petitioner is .....

The Oriental Insurance Co.Ltd. Rep. by Its Assistant Manager Regional ...

Court: Kerala

..... being a liability covered by the terms of the policy or under the provisions of section 163a is obtained against any person insured by the policy then notwithstanding that the insurer may ..... their lordships was whether insurance company can absolve its liability to pay compensation claimed under section 163a on the ground that death or disablement had occurred due to the wrongful act neglect .....