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2003 DIGILAW 1105 (MP)

Prabhabai v. Associated Cement Co.

2003-09-18

S.K.KULSHRESTHA, SHANTANU KEMKAR

body2003
JUDGMENT This is an appeal under section 173 of the Motor Vehicles Act, 1988 arising from the order dated 23.8.1988 passed in MVC No. 55/1999 by the First Additional Motor Accident Claims Tribunal, Katni by which the claim filed by the appellants in respect of the death of Lakshman Singh, husband of appellant No.1 Smt. Prabhabai and father of appellants No. 2 and 3 has been dismissed. In the course of hearing, learned counsel pointed out that an application I.A. No. 2469/03 has been made to convert the application under section 166 of the Motor Vehicles Act into one under section 163A of the Act and to seek compensation in accordance therewith. Learned counsel submits that such a course is permissible even at the appellate stage as held by a Full Bench of the Karnataka High Court in the decision reported in 2001 ACJ (3) 1528 -- Guruanna Vadi and another v. General Manager, Karanataka State Road Transport Corporation and another. It is not disputed that the claim of the appellants was dismissed at the inceptive stage by the Tribunal without recording any evidence and, therefore, for consideration of the claim under section 163A also it would be necessary to refer the matter back to the Tribunal where the parties would have opportunity to contest the matter with regard to entitlement of the claimants to compensation under the said provision. Accordingly, we deem it fit to permit an opportunity to the claimants to make such an application before the Tribunal. The application IA 2419/03 is thus disposed of. The impugned order dated 23.8.1999 passed in MVC No. 55/1999 by the learned First Additional Motor Accident Claims Tribunal, Katni is set aside and the matter is remitted back to the Tribunal with liberty to the applicants to make an application before the Tribunal under section 163A of the Motor Vehicles Act, 1988. On such an application being made before the Tribunal, the Tribunal shall consider the same in accordance with law. The record of the case be sent back to the Tribunal expeditiously. C.C. as per rules.