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Act by the petitioners against the registered owner Smt. Rachna Rao and insurer (United India Insurance Co. Ltd.) of Car bearing registration no. DL2CW-3352. However after conclusion of their evidence, the petitioners moved an application under Section 151 CPC for conversion of petition from 166 and 140 of the Motor Vehicles Act to the claim petition under Section 163A of the Motor Vehicles Act. The said application under Section 151 CPC moved on behalf of petitioners was allowed vide order dated 03.12.2021 and the claim petition was allowed to be converted from the claim petition under Section 166 and 140 of Motor Vehicles Act to the claim petition under Section 163A of the Act.
7. From the pleadings of the parties, the following issues were framed by Ld. Predecessor vide order dated 16.08.2024 during the course of trial of claim petition under Section 163A of Motor Vehicles Act in both the claim petitions separately:-
1. Whether deceased Sandeep S/o Late Sh. Kashmira Prakash and deceased Deepak S/o Sh. Raju has expired in the road side accident occurred on 24.10.2012 at about 9.00 pm at G.T.K. Road, Bakoli Bus towards Delhi, within the jurisdiction of PS. Alipur, while he was sitting in a car bearing registration no. DL2CW-
3352, being driven by its driver Sh. Ravi (now Page no.6 of total 38 MACP No. 5530/16 & 5531/16 Sheela & Ors., Suman & Ors. Vs. Rachna Rao & Ors.
deceased) through his Lrs/R3 & R4, which was owned by Smt. Rachna Rao/R-1, insured with United India Insurance Co. Ltd.? OPP.
2. Whether the petitioners are entitled to any compensation u/s. 163A of M.V. Act and if so, to what amount and from which of the respondents? OPP.
Page no.7 of total 38 MACP No. 5530/16 & 5531/16 Sheela & Ors., Suman & Ors. Vs. Rachna Rao & Ors.
9. I have heard the arguments addressed by Ld. Counsels for petitioners as well as insurance company. I have also gone through the record. My findings on the issues are as under:-
ISSUE NO. 110. The present issue was framed to determine the claim of petitioners under Section 163A of the Motor Vehicles Act. Now in order to get compensation in the claim under Section 163A of the Motor Vehicles Act, the petitioners are just required to prove the involvement of the alleged car bearing no. DL2CW-3352.