PRABHABAI Vs. ASSOCIATED CEMENT CO.

JUDGEMENT

(1.) IN the course of hearing, learned counsel pointed out that an application LA. 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 Kamataka 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 163 A 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.

(2.) 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.