Whether a petition filed under Section 163A of the Motor Vehicles Act can be permitted to be amended to be one under Sections 140 and 166 is the question to be considered in this writ petition. There are related issues as well. Petitioners are the claimants in O.P.(MV)No.2006/1995 on the file of the Motor Accidents Claims Tribunal, Kozhikode and the respondents herein are the respondents therein. The claim petition was filed for compensation on account of the death of the elder son of the first petitioner and brother of petitioners 2 to 7. The accident took place on 13-5-1995. The claim petition was filed, according to the averments in the writ petition, under Section 163-A of the Motor Vehicles Act, 1988. It is the contention of the petitioners that proceedings were thus instituted hoping to have expeditious disposal of the case. Finding that even after four years the matter could not be disposed of, they filed an interlocutory application for amending the petition to one under Section 166 of the Act – I.A.No.1633/1998. A prayer under Section 140 was also sought to be added in the process. By the impugned order dated 10-9-1999 the Tribunal dismissed the application holding that once having exercised an option to file a petition under Section 163-A of the Act a further option under Section 140 cannot be made. It was also held that if such an attempt is allowed, a clever claimant may first file a petition under Section 140, get the compensation and then switch over to Section 163-A and thus avail the benefit of both the provisions, which is against the spirit of Section 163-B. It is the contention of the petitioners that in view of Section 395 of the Act whereby Rules 16 to 18 of Order VI having been made applicable to the proceedings before the Tribunal, the application should have been allowed.

2. In order to appreciate the contentions taken by the parties, it is necessary to advert to the relevant statutory provisions. Rules 16 to 18 of Order VI of the Civil Procedure Code read as follows:-

“16. Striking out pleadings.- The Court may at any stage of the proceedings order to be struck out or amended any matter in any pleading –

(a) which may be unnecessary, scandalous, frivolous or vexatious, or

(b) which may tend to prejudice, embarrass or delay the fair trial of the suit, or

(c) which is otherwise an abuse of the process of the Court.

17. Amendment of pleadings.- The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties:

Provided that no application for amendment shall be allowed after the trial has commenced, unless the Court comes to the conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of trial.

18. Failure to amend after order. - If a part who has obtained an order for leave to amend does not amend accordingly within the time limited for that purpose by the order, or if no time is thereby limited then within fourteen days from the date of the order, he shall not be permitted to amend after the expiration of such limited time as aforesaid or of such fourteen days, as the case may, be, unless the time is extended by the Court.”

Section 140 of the Motor Vehicles Act read as follows:

“140. Liability to pay compensation in certain cases on the principle of no fault. – (1) Where death or permanent disablement of any person has resulted from an accident arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicle shall, or, as the case may be, the owners of the vehicles shall, jointly and severally, be liable to pay compensation in respect of such death or disablement in accordance with the provisions of this section.

(2) The amount of compensation which shall be payable under sub-section (1) in respect of the death