1. This appeal has been preferred against the judgment and award dated 02.07.2007 passed by the Motor Accident Claims Tribunal, Kheda at Nadiad in M.A.C.P. No.1966/1995 whereby, the claim petition was dismissed. The aforesaid claim petition was filed in connection with the vehicular accident that took place on 15.08.1995 in which Saiyed Hussain Mohammad Sharif Chipa expired.
3. It has been contented on behalf of the appellants that the Tribunal has erred in not permitting conversion of claim petition preferred u/s.166 of the M.V. Act to one preferred u/s.163-A of the said Act on the premises that the claimants had already availed compensation u/s.140 of the said Act. It has been submitted that the appellants may not be deprived of their right to contest the claim petition both u/s.166 & 163-A of the said Act. It is, therefore, requested on behalf of the appellants that they may be permitted to contest the claim petition as one filed u/s.166 of the said Act.
4. Learned counsel for the respondent supported the impugned award and submitted that the Tribunal rightly denied permission to the appellants since the claimants had already availed compensation u/s.140 of the said Act.
5. Heard learned counsel for the parties. It is not in dispute that the claimants had already availed compensation u/s.140 of the said Act. In my opinion, the Tribunal has rightly denied permission to the appellants to convert the claim petition as one filed u/s.163-A of the Act since law does not provide for the same. However, I am of the considered view that the appellants cannot be deprived of their right to contest the claim petition u/s.166 of the Act, if they so desire. Since the appellants are willing to contest the claim petition u/s.166 of the Act, the Tribunal concerned is directed to decide the claim petition being M.A.C.P. No.1966/1995 as one filed u/s.166 of the Act. Consequently, the impugned award dated 02.07.2007 is quashed and set aside and the matter is remanded to the Tribunal concerned for consideration of M.A.C.P. No.1966/1995 afresh as being filed u/s.166 of the Act. The appeal stands disposed of accordingly. No order as to costs.
[K.
S. JHAVERI, J.] Pravin/* Top