Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1988 - ss. 163A and 166 - Proceedings both u/ss. 163A and 166 Motor Vehicles Act |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Motor Vehicles Act, 1988 - ss. 163A and 166 - Proceedings both u/ss. 163A and 166 - Permissibility of - Motor accident resulting in death of a person - Application u/s. 166 by legal heirs of the deceased - Subsequent application u/s. 163A claiming no-fault compensation - Application u/s. 163A partly allowed by the Tribunal - Thereafter, Tribunal permitting the claimants to proceed with o the application filed uls. 166 - Order of the Tribunal upheld by High Court - On appeal, held: Claimant must opt/elect to go either for a proceeding u/s. 163A or u/s. 166 but not under both - Claimants having obtained compensation, finally determined u/s. 163A were precluded from proceeding further E with the petition filed u/s. 166 - Thus, order of the Tribunal permitting the claimants to proceed further with the petition filed u/s. 166 as upheld by the High Court, not sustainable and is set aside |
Judge | N/A |
Neutral Citation | 2011 INSC 53 |
Petitioner | Oriental Insurance Co. Ltd |
Respondent | Dhanbai Kanji Gadhvi & Ors. |
SCR | [2011] 1 S.C.R. 784 |
Judgement Date | 2011-01-17 |
Case Number | 682 |
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