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...have to decide and examine such objections even at the stage of application under sec. 140 of MV Act. Apart from that, application under sec. 166 of MV Act, 1988 filed by claiman...of MV Act, therefore, it is better to dispose of this appeal without expressing any opinion on merits while directing claims tribunal to examine application under section 166...of MV Act, 1988 and to examine and consider objections raised by insurance company in accordance with law with a further direction to claims tribunal not to permit claimant to withdraw application under ...
...have to decide and examine such objections even at the stage of application under sec. 140 of MV Act. Apart from that, application under sec. 166 of MV Act, 1988 filed by claiman...of MV Act, therefore, it is better to dispose of this appeal without expressing any opinion on merits while directing claims tribunal to examine application under section 166...of MV Act, 1988 and to examine and consider objections raised by insurance company in accordance with law with a further direction to claims tribunal not to permit claimant to withdraw application under ...
...claimant under sec. 140 of MV Act, 1988. Claimant has filed application for compensation under section 166 of MV Act and in that application, has moved claims tribunal for compen...by section 149(2), then, claims tribunal must have to decide and examine such objections even at the stage of application under sec. 140 of MV Act. Apart from that, application under sec. 166 ...of MV Act, therefore, it is better to dispose of this appeal without expressing any opinion on merits while directing claims tribunal to examine application under section 166...
...UNDER SECTION 166 OF MV ACT. THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING: 2JUDGMENT The claimant in MVC No.454/2014 on the file of the Senior Civil Judge and Addit... 01.03.2016 PASSED IN MVC NO.454/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KOPPAL, DISMISSING THE PETITION FILED UNDER SECTION 166 ...01.03.2016 PASSED IN MVC NO.454/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KOPPAL, DISMISSING THE PETITION FILED...
...UNDER SECTION 166 OF MV ACT. THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING: 2JUDGMENT The claimant in MVC No.445/2014 on the file of the Senior Civil Judge and Addit... 01.03.2016 PASSED IN MVC NO.445/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KOPPAL, DISMISSING THE PETITION FILED UNDER SECTION 166 ...01.03.2016 PASSED IN MVC NO.445/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KOPPAL, DISMISSING THE PETITION FILED...
...even at the stage of application under sec. 140 of MV Act. Apart from that, application under sec. 166 of MV Act, 1988 filed by claimant is pending before claimants....of MV Act, therefore, it is better to dispose of this appeal without expressing any opinion on merits while directing claims tribunal to examine application under section 166...of MV Act, 1988 and to examine and consider objections raised by insurance company in accordance with law with a further direction to claims tribunal not to permit claimant to withdraw application under ...
....3. In a road traffic accident, appellant sustained injuries. Claim petition under Section 166 of MV Act was filed against the respondents, owner and insurer of the offending vehicl...JUDGMENTWith consent of learned counsel on both sides, appeal is taken up for final hearing.2. Appeal is by the claimant in a personal injury action...being a minor, his mother and natural guardian deposed as PW.1 Ex.P-6 is the medical certificate and Ex.P-7 is the discharge summary. Amongst others, there was fracture shaft of femur left and head...
...examined as RW1 and RW2. The insurance policy was marked as Ex.R1.
6. It is relevant to mention here that initially the claimants filed a claim petition under section 166 of mv act seekin...to reconsider the matter afresh. However, this Court permitted the claimants to amend the claim petition as under section 166 of mv act. After remand, the parties have led the evidence...amendment made in the claim petition, that is converting the petition from section 163a to 166 of mv act is contrary to law. The Tribunal ought not to have permitted the claimants to amend the claim...
...application under section 166 of MV Act, 1988 filed by claimants is pending before claims tribunal at Himatnagar.3. I have considered submissions made by learned...defence raised by insurance company while deciding an application under section 140 of MV Act, 1988 but when application under sec. 166 of MV Act is pe...tribunal, then, amount is subject to final adjustment as per orders that may be passed in an application under sec. 166 of MV Act, 1988 and if this appeal is admitted by this court and is kept pending for final hea...
...Section 166 of the M.V Act. If the claimant is able to bring his claim within the provisions of Section 166 of MV Act he is at libert...JUDGMENTThese two appeals arise out of proceedings in WCA/CR 215/2007 on the file of Commissioner for Workmen's Compensation, Davanagere. MFA No. 4384/2007...is filed by the claimant seeking enhancement of compensation, whereas MFA No. 3427/2009 is by the insurance company challenging the liability.2. This matter was heard for some time...
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...OF PRESIDING OFFICER, FAST TRACK COURT-II AND MEMBER, ADDL. MACT, BELAGAVI, DISMISSING THE
PETITION FILED UNDER SECTION 166 OF MV ACT.
...166 OF MV ACT.
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THESE MISCELLANEOUS FIRST APPEALS, COMING ON FOR
ADMISSION, THIS...FILED UNDER
SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE
JUDGMENT AND AWARD DATED 28.12.2011, PASSED IN MVC...
...petition under Section 166 of MV Act claiming damages from the owner and insurer of the truck. The claim petition was opposed by the insurer of the truck. It came up for consideration bef...Section 166 of MV Act is not maintainable.4. I have heard the learned counsel for the appellant-Insurance Company. The respondent No. 1 remained absent in spite of service ...Section 166 of M.V Act?”6. During the course of the argument, learned counsel appearing for the appellant-insurance company has submitted that the claimant was...
...Act, it was required to consider the case of the claimants under Section-166 of MV Act. This Court also declined the request made by the learned Counsel for the claimants to treat the pet...MV Act, and to grant compensation suitably. In our view, it is for the member of the Tribunal to find out the claim lodged by the claimants and thereto decide whether it falls within the ambit of Section ..., namely, Sathish died at the spot and the petitioner-appellant herein sustained grievous injuries. Hence, the petitioner-appellant filed claim petition under Section-166 of the IMV Act, 1989 and...
...petition filed under Section 166 of MV Act, dissatisfied with the compensation of Rs. 10,700/- with interest awarded in his favour, has filed this appeal seeking enhancement.3. Appe...JUDGMENTWith consent of learned counsel on both sides, appeal is taken up for final hearing.2. Appellant having succeeded in part before the MACT in a claim...sustained two simple injuries and a fracture of lower end of 4th meta-carpal bone in the road traffic accident. He did not produce any medical evidence in support of any permanent disability suffered...
...entitled for compensation under Section 166 of MV Act. 3. It is the contention of the appellant-Insurance company that the claimant has not proved that he has ...This appeal filed by the appellant-Insurance company challenging the judgment and award dated 06.01.2017. 2. It is the contention of the appellant-insurance company that...injuries from the offending vehicle. The finding of the tribunal that the claimant has suffered disability at 15% is on higher side. 4. I have heard the learned counsel for the...
...filed claim petition under Section 166 of MV Act, against the
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insurance company who has issued the...tribunal is correct while awarding compensation on the principle of "No fault liability" and deceased himself is a tort feasor. Hence, claim petition filed under Section 166 of MV Act is not....1,00,000/-. Therefore, even though, the claimants are not entitled for compensation under Section 166 of M.V. Act, but as per Ex.R1-insurance policy, claimants are entitled for compensation under the...
...had filed a claim petition under Section 166 of MV Act before the Tribunal seeking compensation. The Tribunal has awarded compensation of Rs. 64,000/- with interest at 6% p.a Aggrieved by the quan...amount spent towards medicine, the total compensation awarded is otherwise just and proper and the same is within the purview of Sections 166 & 168 of the MVC Act.ORDER...JUDGMENTPresent appeal is filed challenging the judgment and award dated 24.10.2007 passed by the Court of the Civil Judge (Sr. Dn.) & MACT, Kundapura in MVC 273/2003...
...application under sec. 140 of MV Act, 1988 is always subject to adjustment in the final award that may be passed by claims tribunal, therefore, it is better to dispose of this appeal without expressing any opinion ...the date of receiving copy of this order while directing claims tribunal not to permit claimant to withdraw application under section 166 of MV Act and claimant cannot abandon such procee...any interest upon such FDRs till application under section 166 of MV Act, 1988 is decided by claims tribunal in accordance with law. Claims Tribunal is further directed not...
...sustained injuries and filed a claim application before the MACT under Section 166 of MV Act, 1988 against the respondents, the owner and insurer of the offending vehicl...JUDGMENTWith consent of learned counsel on both sides, appeal is taken up for final hearing.2. In a road traffic accident, on 28.05.2007, the petitioner...petition was allowed in part and compensation of Rs. 7,000/- with interest was ordered to be paid. Dissatisfied, the claimant has filed this appeal seeking enhancement.3. Heard the...