D.G.R. Patnaik, J. - (1.) PRAYER in this writ application is for quashing the order dated 30/7/2004, passed by the Presiding Officer, Motor Accidents 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 Motor Vehicles 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. 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. Though the petitioners had claimed that annual income of their deceased son was more than Rs. 2,37,000, yet claim for compensation for a sum of Rs. 27,20,000 was filed under section 163-A of Motor Vehicles Act.
(3.) 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 file a petition on 6/7/2004, praying for converting their application filed under section 163-A of the Motor Vehicles Act into section 166 of the Motor Vehicles Act. Respondent No. 3 being the owner of the offending vehicle did not appear to offer his contest. The respondent No. 2 did appear and contested the petitioners' claim, challenging the very maintainability of the case under section 163-A of the Motor Vehicles Act. The respondent No. 2 objected to the prayer of the petitioners on the ground that such conversion is not permissible under the law and also on the ground that such prayer for conversion has been filed at a very belated stage.;