- (1.) The New India Assurance Company Limited, one of the respondents before the Tribunal aggrieved by the order passed by the Tribunal on 15.5.2012 permitting the alteration of the claim petition from the provisions of Section 166 of the Motor Vehicles Act to one under Section 163-A of the said Act has preferred the present Revision.
(2.) The fact remains that the claimants having lost their bread winner in the Motor Accident, presented a claim petition invoking both the provisions under Sections 163A/166 of the Act way back on 9.5.1996. The Tribunal chose to dismiss the claim petition by its order dated 27.8.1999, the claimants aggrieved by the same carried in appeal in FAO No. 376 of 2000 before this Court. This Court was pleased to set aside the award passed by the Tribunal and remanded the case to the Tribunal vide order dated 15.5.2012 for recording evidence to be led by the parties for arriving at a fresh decision by the Tribunal. Some how the matter could not be taken up for further evidence by the Tribunal. The fact remains that the matter is pending before the Tribunal for leading evidence.
(3.) At this stage, having been advised by the counsel engaged by the claimants, they sought to convert the claim petition which was filed originally under Sections 166/163A of the Act to one under Section 163A of the Act.;