THIMMAIAH S. Vs. RANGANATHAIAH K G

JUDGEMENT

(1.) This appeal is preferred by the claimants-appellants against the judgment and award dated 03rd April, 2014 passed in MVC No.428 of 2011 on the file of the Court of VI Additional Judge and Motor Accident Claims Tribunal, Bengaluru (SCCH-2) (for short, hereinafter referred to as 'Tribunal').

(2.) Appellants herein are the claimants in MVC No.428 of 2011, which came to be dismissed by the Tribunal by its judgment dated 10th January, 2012 on the ground that the income of the deceased was shown as Rs.12,000/- per month, which comes to Rs.1,44,000/- per annum and as such, the claim petition under Section 163-A of the Motor Vehicles Act, 1989 (for short, hereinafter referred to as 'Act') is not maintainable. Being aggrieved by the dismissal of the claim petition on 10th January, 2012 by the Tribunal, claimants have filed Miscellaneous First Appeal No.2816 of 2012 before this Court, and this Court, by Judgment dated 22nd January, 2014, disposed of the Appeal by setting aside the impugned judgment dated 10th January, 2012 and remitted the matter back to the Tribunal to reconsider the issue as sought for by the claimants for conversion of claim petition filed under Section 163-A into one under Section 166 of the Act and to dispose of the claim petition in accordance with law after affording opportunity of hearing to both the parties. Pursuant to judgment dated 22nd January, 2014 passed by this Court in MFA No.2816 of 2012, the Tribunal has permitted the claimants to urge the averments made in the claim petition under Section 166 of the Act.

(3.) For the sake of convenience, the parties in this appeal are referred to with their rank before the Tribunal.