GOVINDBHAI CHHAGANBHAI BHIL Vs. DILAWARKHAN SAHEBKHAN BALOCH

JUDGEMENT

(1.) Heard, learned advocate Mr. Kaash K. Thakkar for the applicants - appellants and learned advocate Ms. Kirti Pathak for the respondent No. 2.

(2.) The learned advocate for the applicants - appellants has relied upon decision of Division Bench of this Court in National Insurance Co. Ltd. v. Mukeshbhai Bhalchandra Jani, Decd . Through heirs Ranjan, 2004 (1) GLH 246, the decision of Larger Bench of Karnataka High Court in Guruanna Vadi v. General Manager, KSRTC, 2001 ACJ 1528, Divisional Manager, U nited India Insurance Company Ltd. v. Sunita & Ors ., 2019 ACJ 109 and Parulben Nareshbhai Rana v. Punjabhai Parsottamdas Rana (Died) & Ors . rendered in Special Civil Application no. 3612 of 2019 to submit that conversion of claim petition under the Motor Vehicles Act, 1988 (MV Act ) is permissible even at the appellate stage.

(3.) The learned advocate for the applicants - appellants submitted that by an application, exh. 7, the applicants had moved the Tribunal for converting the claim compensation petition under Sec. 166 of the MV Act and notice was also issued to the respondent Nos. 1 and 2, however, without any instructions, the learned advocate of the claimant had not pressed the said application and therefore, by an order dtd. 24/10/2018, the said application, exh. 7 stood disposed of as withdrawn. Mr. Thakkar for the applicants - appellants submitted that it is a valuable right of the applicants - appellants, which came to be jeopardized. It is submitted that once a fact has been brought to the notice of the Tribunal that the applicants - appellants want to proceed under Sec. 166 of the MV Act on the ground that his income should not be considered restricted to that being as approved under the Schedule as attached to Sec. 163A of the MV Act and when income factor has been agitated before the concerned Tribunal, then, it was incumbent upon the Tribunal to consider the application since the Tribunal becomes duty bound to appreciate the said aspect.