Motor Vehicles Act, 1988–Sec. 163A–Dismissal of the claim petition with the observation of negligence of appellant-claimant–Justification–In a claim petition filed u/s. 163-A of the Act, the question of negligence cannot be inquired into by the Tribunal–The statutory scheme of Sec. 163-A embodies a no fault liability regime, and the claimants are entitled for compensation solely on the basis of structured formula prescribed in the Second Schedule of the Act without any requirement of plead or prove the negligence–Tribunal has already concluded the findings of 12% permanent disability and no counter-claim or appeal has been filed by the Insurance Company, therefore, it cannot be permitted to raise any question of negligence at this stage–Matter remanded back for deciding the issue no. 2 afresh.
