Back
2006 Supreme(P&H) 410
PUNJAB & HARYANA HIGH COURT
Jasbir Singh, J.
State
Versus
Sonu
Civil Revision No. 756 of 2006,
Decided On : FEBRUARY 9, 2006
The court emphasized that objections regarding the maintainability of the claim application and the applicability of Sec.163-A were available to the petitioner and could be raised before the Tribunal below.
Headnote:
Sec.166 - Motor Vehicle Act, 1988 - Conversion of claim application to Sec.163-A - The court allowed the application to convert the claim application under Sec.166 to Sec.163-A of the Motor Vehicle Act, 1988. The objections raised regarding the maintainability of the claim application and the applicability of Sec.163-A were deemed available to the petitioner and could be taken up before the Tribunal below. The court found no case for interference and dismissed the application.
Fact of the Case:
The respondents' application to convert their claim application under Sec.166 of the Motor Vehicle Act, 1988 to Sec.163-A was allowed.
Finding of the Court:
The objections raised by the petitioner regarding the maintainability of the claim application and the applicability of Sec.163-A were deemed available and could be taken up before the Tribunal below. The court found no case for interference and dismissed the application.
Issues: Conversion of claim application under Sec.166 to Sec.163-A, maintainability of the claim application, applicability of Sec.163-A
Ratio Decidendi: The objections regarding the maintainability of the claim application and the applicability of Sec.163-A were deemed available to the petitioner and could be taken up before the Tribunal below. No case for interference was found by the court.
Final Decision: The court dismissed the application, finding no case for interference.
1. Vide order, under challenge, application of the respondents to convert their claim application under Sec.166 of the Motor Vehicle Act, 1988 (in short, the Act) to the one under Sec.163-A of the Act, was allowed. Counsel states that the claim application made by the respondents, in view of dismissal of their earlier application, in default, was not maintainable and further that the provisions of Sec.163-A of the Act are not applicable. These objections are still available to the petitioner and can be taken up before the Tribunal below. No case is made out for interference. Dismissed.
