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2009 Supreme(Jhk) 1074

D.G.R.PATNAIK
Gauri Shankar Prasad Verma – Appellant
Versus
Presiding Officer, Motor Vehicle Accident Claims Tribunal, Ranchi – Respondent


Advocates appeared:
For the Petitioners:M/s. Sachidanand Lal & Rajiv Anand, Advocates
For the Respondents:M/s. A.K. Mehta & G.Mustafa, Advocates

ORDER

Prayer in this writ application is for quashing the order dated 30.7.2004 passed by the Presiding Officer, Motor Vehicle Accident Claims Tribunal, Ranchi in Comp. Case No. 77 of 1995, whereby the petitioners’ prayer made vide petition dated 6.7.2004 for conversion of their case filed under section 163(A) of the M.V. Act into section 166 of the Act, was rejected.

2. The claim case before the Tribunal was filed by the petitioners, claiming compensation for the death of their son Sanjay Verma on account of motor vehicle accident.

3. The respondent no. 2 is the Insurer of the vehicle involved in the accident, while the respondent no. 3 is the owner of the vehicle.

4. Though, the petitioners had claimed that the annual income of their deceased son was more than Rs. 2,37,000/-, yet claim for compensation for an amount of Rs. 27,20,000/-was filed under section 163(A) of the Motor Vehicle Act.

5. The proceeding was allowed to progress and at the time when the proceeding was at the verge of conclusion after examination of the witnesses as well as arguments advanced on behalf of the parties, the petitioners filed a petition on 6.7.2004, praying for converting their application filed un

























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