The Amendment of claim petition under the Motor Vehicles Act does not prejudice the insurance company and should be expedited by the Tribunal.

JUDGMENT

The petitioner insurance company challenges Ext.P1 order passed by the Motor Accidents Claims Tribunal, Neyyattinakara, allowing I.A No.1129 of 2019 in O.P.(M.V) No.360 of 2012, through which an amendment application filed by the claimant to convert the claim petition from Section 166 to Section 163A of the Motor Vehicles Act is allowed. The Tribunal found that the claim can be made under 163 A and that the claimant could choose the claim.

2. On going through the order impugned and after hearing both sides, I do not find any illegality in the order passed by the Tribunal, as the same does not affect the insurance company in any manner or prejudice them. Under such circumstances, the original petition fails and is accordingly dismissed.

Further proceedings in the claim petition were stayed by this Court on 15.10.2019, and taking note of the fact that the claim petition is of 2012, there will be a direction to the Motor Accidents Claims Tribunal, Neyyattinakara, to dispose of O.P.(M.V) No.360 of 2012 at the earliest, at any rate within two months from the date of receipt of a copy of this judgment. All the contentions of the parties on the merits are left open.

Sd/-