IN THE HIGH COURT OF KERALA AT ERNAKULAM
RP No. 1190 of 2007()
1. MR. RAJA PAI, AGED 60,
... Petitioner
2. JAYANTHI BAI, W/O RAJA PAI,
Vs
1. SRI. V.L.PETER,
... Respondent
2. K.P.VARGHESE,
3. UNITED INDIA INSURANCE CO. LTD.,
For Petitioner :SRI.T.K.RADHAKRISHNAN
For Respondent : No Appearance
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :18/01/2008
O R D E R
J.B. Koshy & K.P.Balachandran, JJ.
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R.P.No. 1190 of 2007 in
M.A.C.A.No.1216 of 2007
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Dated this the 18th day of January, 2008
Order
Koshy,J.
Petitioner filed an application under section 166 of the
Motor Vehicles Act along with petition under section 140.
Compensation under section 140 was awarded. Thereafter,
amendment application was filed for converting the application
under section 166 to one under section 163-A of the Act. Tribunal
rejected the claim under section 163-A as persons who claimed
compensation under section 140 cannot claim compensation under
section 163-A in view of statutory prohibition under section 163-B.
2. A contention was raised by the appellant that even
though amendment application for converting the petition to one
under section 163 was allowed, that was not carried out. Hence,
application remained under section 166 itself as the claimants failed
to carry out the amendment. That question was not considered by
the tribunal or in our judgment. Therefore, judgment under review
is set aside and the matter is remanded to the tribunal to consider
that question. If it is finally found that application under section
R.P.No. 1190/2007 2
166 will lie, consider the application on merit. Judgment under
review is recalled and impugned award is set aside. Review petition
is allowed to the above extent.
Parties shall appear before the tribunal on 18.3.2008.
J.B.Koshy
Judge
K. P. Balachandran
Judge
vaa
R.P.No. 1190/2007 3
J.B. KOSHY
AND
K.P.BALACHANDRAN ,JJ.
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R.P. No. 1190 of 2007
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Order
Dated:18th January, 2008