Allowed appeal converting a Section 163A motor accident compensation petition to Section 166 due to income threshold discrepancy, setting aside impugned award and refunding deposited amounts.
Petition under Section 163A converted to Section 166; impugned award set aside; petition remanded for amendment; deposited amounts refunded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD
First Appeal No. 162 of 2010
National Insurance Co. Ltd. Appellant V E R S U S Mangal Shamgir Gosavi & ors Respondent
Mr. D.S. Kulkarni, holding for Mr. S.L. Kulkarni, Advocate for the appellant Mr. K.M. Nagarkar, Advocate for respondent No.4
CORAM : A.V. NIRGUDE, J. DATED : 15th June, 2010
PER COURT :
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regard to theJudgment of the learned Single Judge of our High Court in the case of New India Assurance Co. Ltd. V. Ashabai & others (2009 ACJ 163) , it would be appropriate for this Court to allow conversion of the petition which was filed under Section 163A of the Motor Vehicles Act into a petition under Section 166 of the Motor Vehicles Act so that the respondents No. 1 to 3 will not be shutout from continuing their claim for compensation on account of the accidental death of Shamgir. Since there is no limitation prescribed for filing a petition under Section 166 of the Motor Vehicles Act, such a conversion would be permissible.
a. The appeal is allowed.
b. Impugned Judgment and Award are set aside.
c. The petition under Section 163A of the Motor Vehicles Act is hereby converted into Section 166 of the Motor Vehicles Act.
d. The respondents No. 1 to 3 shall amend the petition according to the need after the petition is sent back to the Tribunal. The Tribunal shall then deal with the application as per Law.
e. The amounts deposited by the appellants in the Court, shall be refunded to them.
srm/fa/162/10
3 issues framed by the court
Whether a petition under Section 163A of the Motor Vehicles Act can be converted into a petition under Section 166 when the deceased's income exceeded the threshold limit.
Whether the impugned Judgment and Award awarding compensation can be set aside and the petition converted.
What relief is available to the respondents to continue their claim for compensation after conversion.
Colour shows how this judgement treated each authority
New India Assurance Co. Ltd. V. Ashabai & othersReferred¶10
New India Assurance Co. Ltd. V. Ashabai & others (2009 ACJ 163)
2 provisions across 1 enactments
National Insurance Co. Ltd.
Mangal Shamgir Gosavi
A.V. NIRGUDE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
