IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 RP.No. 1190 of 2007() ------------------------------ AGAINST THE JUDGEMENT/ORDER IN MACA.1216/2007 Dated 12/07/2007 .................... REVIEW PETITIONERS/APPELLANTS -------------------------------- 1. MR. RAJA PAI, AGED 60, KARYADIYIL HOUSE, PERINGALA P.O., KAYAMKULAM. 2. JAYANTHI BAI, W/O RAJA PAI, KARYADIYIL HOUSE, PERINGALA P.O., KAYAMKULAM. BY ADV. SRI.T.K.RADHAKRISHNAN RESPONDENTS: RESPONDENTS ------------------------ 1. SRI. V.L.PETER, VYPISSERY HOUSE, OCHANTHURUTH, ERNAKULAM. 2. K.P.VARGHESE, KALLOORAN HOUSE, PALARIVATTOM. 3. UNITED INDIA INSURANCE CO. LTD., M.G.ROAD, ERNAKULAM, KOCHI. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 18/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B. Koshy & K.P.Balachandran, JJ. -------------------------------------- R.P.No. 1190 of 2007 in M.A.C.A.No.1216 of 2007 --------------------------------------- Dated this the 18th day of January, 2008 Order Koshy,J. Petitioner filed an application under section 166 of the Motor Vehicles Act along with petition under section 140. Compensation under section 140 was awarded. Thereafter, amendment application was filed for converting the application under section 166 to one under section 163-A of the Act. Tribunal rejected the claim under section 163-A as persons who claimed compensation under section 140 cannot claim compensation under section 163-A in view of statutory prohibition under section 163-B. 2. A contention was raised by the appellant that even though amendment application for converting the petition to one under section 163 was allowed, that was not carried out. Hence, application remained under section 166 itself as the claimants failed to carry out the amendment. That question was not considered by the tribunal or in our judgment. Therefore, judgment under review is set aside and the matter is remanded to the tribunal to consider that question. If it is finally found that application under section R.P.No. 1190/2007 2 166 will lie, consider the application on merit. Judgment under review is recalled and impugned award is set aside. Review petition is allowed to the above extent. Parties shall appear before the tribunal on 18.3.2008. J.B.Koshy Judge K. P. Balachandran Judge vaa R.P.No. 1190/2007 3 J.B. KOSHY AND K.P.BALACHANDRAN ,JJ. ------------------------------------- R.P. No. 1190 of 2007 ------------------------------------- Order Dated:18th January, 2008