Supreme Court · 2011 INSC 53 · Decided 17 January 2011
Oriental Insurance CO. LTD. v. Dhanbai Kanji Gadhvi & ORS.
- Court
- Supreme Court of India
- Citation
- 2011 INSC 53 · [2011] 1 S.C.R. 784
- Case number
- CIVIL APPEAL No. 682/2011
- Decided
- 17 January 2011
- Bench
- J.M. PANCHAL, H.L. GOKHALE (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- Motor Vehicles Act Section 163A, 166
Headnote
Motor Vehicles Act, 1988 - ss. 163A and 166 - Proceedings both u/ss. 163A and 166 - Permissibility of - C Motor accident resulting in death of a person - Application uls. 166 by legal heirs of the deceased - Subsequent application uls. 163A claiming no-fault compensation - Application u/s. 163A - 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
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