KAMLA DEVI Vs. RAM KISHAN

JUDGEMENT

(1.) THE following short but interesting legal question arises in this case:-Whether a party who has filed a claim petition under Section 166 of the Motor Vehicles Act and has also filed a petition under Section 140 of the Motor Vehicles Act and an award has been passed in its favour under Section 140 can be permitted to convert the original petition filed under Section 166 to a petition under Section 163-A of the motor Vehicles Act? factual Matrix.

(2.) PETITIONER Smt. Kamla Devi filed a petition under Section 166 of the Motor Vehicles Act (hereinafter referred to as the Act)claiming compensation on account of the death of her son Sanjesh Kumar on 3-12-1996 in a motor vehicle accident which took place on 28-11-1996. In the petition, it was alleged that on 28-11 -1996 the vehicle bearing registration No. HR-30-3355 was being driven by the deceased-Sanjesh Kumar. This truck was hit by truck No. DIG-1133 which was being driven in a rash and negligent manner. As a result of the accident, the deceased suffered injuries and died in the accident. One Shri Ram Krishan respondent no. 1 was alleged to be the driver of vehicle no. DIG-1133. It was further prayed that the name of the owner be disclosed by the respondents.

(3.) THE New India Assurance Company was also made party-respondent in this case. During the course of the petition, the name of the owner was first disclosed to be M/s. Bansal Roadways Private Limited, a proprietorship concern owned by Shri Sanjay bansal. The owner of the vehicle was duly impleaded as party respondent No. 2. Reply on behalf of the owner was filed, in which it was stated that Bansal Roadways was in fact the owner of truck No. HR-30-3355 driven by the deceased. The Insurance Company took up the plea that the truck No. DIG-1133 was not insured with it. The New India Assurance Company filed an application under Order 11, Rule 12 read with Section 151, CPC for a direction to respondent No. 2 to supply the insurance particulars. Despite best efforts, the particulars of the insurance of the vehicle No. DIG-1133 could not be ascertained. In the meantime, the court passed an order on the petition under Section 140 of the Act on 2-6-1999 and awarded a sum of Rs. 50,000/- in favour of the petitioner-claimant Smt. Kamla Devi. The awarded amount was deposited by the insurance company.