G.P. Mittal, J.

CM APPL.16903/2008 in FAO 458/2003

1. A Claim Petition u/s 166 of the Motor Vehicles Act, 1988 (the Act) was preferred by the Appellants claiming compensation for the death of Arjun Singh (the Appellants' son) in a motor accident involving Maruti Van No.DNB-6745 and a truck No.DHG-8486, allegedly owned by the Fourth Respondent. During inquiry before the Motor Accident Claims Tribunal (the Claims Tribunal), it was found that there was no truck with the number DHG-8486. Since the negligence was also not proved against the driver of Maruti Van No.DNB-6745, the Claim Petition was dismissed on the ground that negligence was not proved.

2. By virtue of this Application, the Appellants seek permission to amend the Petition so as to convert it to one u/s 163A of the Act and claim compensation from the owner and Insurer of the Maruti Van No.DNB-6745.

3. The Third Respondent, United India Insurance Company Limited opposes the Application (although no written reply has been filed).

4. It is urged by the learned counsel for the Appellants that the remedy u/s 166 of the Act and 163A of the Act cannot be availed simultaneously. Since the Appellants were unable to prove the i