Mandakani Bai And ORS. v. Uttam Kumar Sahu

HIGH COURT OF CHHATTISGARH, BILASPUR MAC No. 1034 of 2014

1. Mandakani Bai, Aged About 20 Years, Widow of Late Pradeep Yadav,

2. Kumari Payal Yadav , D/o Late Pradeep Yadav Aged About 3 Years,

3. Yashwant Kumar Yadav S/o Late Pradeep Yadav Aged About 1 Years, Appellant No.2 and 3 are minor, Through: his natural guardian mother Mandakani Bai, Widow of late Pradeep Yadav, All are R/O village Dudhiya, Thana Police Chowki Dashrangpur, Tahsil Kawardha, Distt. Kabirdham C.G.

---- Appellants

Versus

Uttam Kumar Sahu S/o Shri Mohan Lal Sahu, Aged About 29 Years, Occupation owner vehicle and chikitsak, resident of village Dashrangpur, Thana Police Chowki Dashrangpur, Tahsil Kawardha, Distt. Kabirdham C.G. ---- Respondent 29/03/2016 Shri R.S. Patel, counsel for the appellants.

Shri D.C. Verma, counsel for the respondent.

Learned counsel for the appellants after going through the order, fairly submits that he may allowed to move suitable application before the tribunal to convert claim petition under Section 163-A of the Motor Vehicles Act since vehicle was self driven vehicle at the time of accident. Considering the fair submission made by learned counsel for the appellants, appeal is disposed of with an observation that in case application is filed to convert petition of compensation to under Section 163-A of the Motor Vehicles Act, the court below shall decide the same objectively.

Sd/- (Goutam Bhaduri) JUDGE gm