Is it required while drafting an MACT claim petition to mention whether the compensation is being claimed u/s 163A or 166 of MV Act?
PARVEEN DEEPAK ARYA (ADVOCATE) 25 May 2009
yes. the section quoted in the headnote in petition is sufficient to diclose the nature of claim.
Swami Sadashiva Brahmendra Sar (Nil) 25 May 2009
Yes. Mr Deepak is right. However a general practice has been developed that even claim petitions filed u/s 166 are dicided in accordance with s 163-A as an easy and short cut method. It is contempt of statutory law.
Vijay Kumar (Advocate) 26 May 2009
Respected sirs, my querry is whether it is mandatory to mention the specific section either 163A or 166 under which the compensation is being claimed?
PARVEEN DEEPAK ARYA (ADVOCATE) 26 May 2009
of course it is mandtory because in both cases the parties are different . the insurer are different . you are supposed / bound to disclose to the court that which course of action you are going to adopt.