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NEUTRAL CITATION

C/SCA/8009/2025 JUDGMENT DATED: 23/03/2026

0.682244831037396

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 8009 of 2025

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR.JUSTICE MOOL CHAND TYAGI ==========================================================

Approved for Reporting Yes No ==========================================================

SAROJBEN KANUBHAI THAKOR & ORS.

Versus ALKESHBHAI BHALABHAI BARBER & ANR.

==========================================================

Appearance:

NISHIT A BHALODI(9597) for the Petitioner(s) No. 1,2,3,4,5,6,7 MS KIRTI S PATHAK(9966) for the Respondent(s) No. 2 NOTICE SERVED for the Respondent(s) No. 1

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CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 23/03/2026

JUDGMENT

1. The captioned Special Civil Application has been preferred against the impugned order dated 15.04.2025 passed by the learned Motor Accident Claims Tribunal at Nadiad in application below Exh.72, filed in M.A.C.P. No. 1928 of 2009, whereby the application of the original claimants/petitioners herein to convert the Claim Petition filed under Section 163A to Section 166 of the Motor Vehicles Act, 1988

(hereinafter referred to as the “ACT”) was rejected.

2. Heard learned counsels for the parties.

3. Learned advocate appearing on behalf of the original claimants/petitioners herein vehemently submitted that the Petitioners had preferred the Claim Petition before the learned Tribunal on account of death of the husband of Petitioner No.1 in the vehicular accident

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NEUTRAL CITATION

C/SCA/8009/2025 JUDGMENT DATED: 23/03/2026

0.682244831037396

which took place on 13.11.2009. He further submitted that initially, the Claim Petition came to be filed under Section 163A of Act. He further submitted that the said Claim Petition came to be allowed, however, the Insurance Company was exonerated from its liability to satisfy the award. He further submitted that said order was challenged in First Appeal No.2089 of 2012. Vide order dated 27.01.2025, the said appeal was allowed and the matter was remanded back to the concerned learned Tribunal for fresh adjudication. Thereafter, the original claimants/petitioners herein preferred the application below Exh.72 for converting the Claim Petition from Section 163A to Section 166 of the Act. He contended that the original claimants can convert the Claim Petition from Section 163A to Section 166 of the Act, at any stage of the proceedings and even at appellate stage, by moving an appropriate application. He further submitted that the learned Tribunal without appreciating the legal proposition of law, rejected the application for conversion preferred by the original claimants below Exh.72. He contended that the learned Tribunal ought to have allowed the application for conversion, in view of the settled legal proposition of law. In support of his contentions, learned counsel for the petitioners placed reliance upon the judgment rendered by the Division Bench of this High Court in the case of National Insurance Company Limited v. Mukeshbhai Bhalachandrabhai Jani (deceased) through heirs Ranjanben and ors. reported in 2004 ACJ 1533. Having placed reliance upon the aforesaid judgment, learned counsel for the original claimants/petitioners herein prayed that the captioned Special

Civil Application be allowed.

4. Per contra, learned advocate for the respondent No.2 – Insurance Company vehemently submitted that this is the second round of litigation. She contended that the application for converting the Claim

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NEUTRAL CITATION

C/SCA/8009/2025 JUDGMENT DATED: 23/03/2026

0.682244831037396

Petition from Section 163A to Section 166 of the Act was filed at a belated stage. She further submitted that there is an i