Bhagya Vs K.M. Surya - Motor Accident Compensation Claim - S. 163A Motor Vehicles Act

Motor Vehicles Act - Section 163A -Can the issue of negligence be raised in a petition filed under Section 163A of MV Act ? - Claim petition filed under Section 163A of MV Act, the issue of negligence of the deceased cannot be raised by insurance company - Referred to United India Insurance Company Limited Vs. Sunil Kumar & Another (2017 SCC OnLine SC 1443) and Shivaji Vs. Divisional Manager, United India Insurance Company (2019) 12 SCC 395 - When the Tribunal had allowed the conversion of claim petition from Section 166 to Section 163A of MV Act, insurance company cannot be permitted to raise a plea of negligence on the part of deceased being driver of the bus or the accident had occurred due to his negligence.