RAMLALI TIWARI Vs. VRINDAWAN TIWARI

JUDGEMENT

(1.) THIS is an appeal under Section 173 of the Motor Vehicle Act and challenge is made to an award passed by the Motor Accident Claims Tribunal, Rewa in Claim Case No. 77/03. By an award dated 2.08.03, the claim petition filed before the Motor Accident Claims Tribunal under Section 166 of the Motor Vehicle Act has been decided and it was the case of the claimant that they are entitled for compensation of Rs. 25,20,000/ -. The claim petition under Section 166 was decided and the Tribunal came to the conclusion that the deceased was not in employment under the respondent no. 1 at the time when he was driving the Tractor and dismissed the claim petition on various grounds.

(2.) IN the appeal filed before this Court under Section 173, an application was filed by the claimants seeking permission to convert the claim petition in an appeal under Section 163A and claim compensation. Conversion of the claim petition into one under Section 163A was opposed and, therefore, by a detailed order passed on 16th October, 2006, the learned Division Bench formulated the following questions of law and directed for placing of the matter before Hon'ble the Chief Justice for constituting a larger Bench for deciding the controversy in the light of the conflicting orders which were available on record.

(3.) IT has been held by a Full Bench in the aforesaid case that in an appeal arising out of dismissal of the claim petition filed under Section 166 of the Motor Vehicle Act, the appellants cannot be permitted to convert the claim petition in the appeal under Section 163A and in para 12 of the judgment rendered by a Full Bench, the principles of law have been laid down.