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Delhi High Court - Orders

Munesh & Anr vs Minendra Kumar & Ors (National ... on 3 February, 2023

Author: Rekha Palli

Bench: Rekha Palli

                          $~24
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    MAC.APP. 102/2019
                               MUNESH & ANR                              ..... Appellants
                                              Through: Mr.S.N.Parashar, Adv.

                                                     versus

                                 MINENDRA KUMAR & ORS (NATIONAL INSURNACE CO
                                 LTD)                                ..... Respondent
                                            Through: Mr.Manu Luv Shahalia, Adv. for R-3.

                                 CORAM:
                                 HON'BLE MS. JUSTICE REKHA PALLI
                                               ORDER

% 03.02.2023

1. The present appeal raises a short question as to whether the learned Motor Accidents Claim Tribunal while dealing with a claim petition filed under Section 166 & 140 of the Motor Vehicles Act, 1988 (the Act), can suo moto convert the same into a petition under Section 163A of the Act.

2. While learned counsel for the appellant submits that the learned Tribunal has no such suo moto power, learned counsel for the respondent contends otherwise.

3. Both sides pray for, and are granted, time to cite case law in support of their respective contentions.

4. At request, list on 26.04.2023.

REKHA PALLI, J FEBRUARY 3, 2023 kk Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:04.02.2023 15:33:02