A claim petition under Section 166 of the Motor Vehicles Act can be converted to one under Section 164 without showing prejudice to the opposing party.

Respondent No.1 has remained ex parte before the trial Court, therefore, no need to hear him. Counsel for both the parties heard.

2. Petitioners have preferred this petition under Article 227 of Constitution of India, being aggrieved by the impugned order 29.01.2024 passed in MACC No.179/2021 by III Member, MACT, Shajapur, whereby an application preferred under Order VI Rule 17 of CPC filed by the petitioners / claimants has been dismissed.

3. Learned counsel for the petitioners submits that there was a collision between two motorcycle and both the drivers of motorcycle have been died in the instant case, therefore, it depends upon the claimants whether to proceed their case under Section 166 or Section 164 of Motor Vehicles Act. The below Tribunal has not considered his application in its true perspective and dismissed his petition on the basis of case of Jugal Kishore Vs. Ramlesh Devi 2004 ACJ 297, but no such law has been laid down in the said citation. Hence, the impugned order passed by the below Tribunal is erroneous and against the law and facts. Hence, it deserves to be set aside and application for amendment be allowed.

4. Counsel for respondent No.2 opposes the prayer and prays for its rejection.

5. Counsel for both the parties heard at length and perused the impugned order.

6. The limited issue that arises in the present appeal is as to whether the claim petition filed under Section 166 of Motor Vehicle Act, 1958 can be converted into claim petition under Section 164 of M.V. Act or not? In the present case, the claim petition has been filed under Section 166 of M.V. Act and the Delhi High Court in the case of United Insurance Company Limited Vs. Rita Devi and Ors. judgment dated 05.12.2014 passed in MAC.APP No.256/2007 has held as under:

"6. The question for consideration is whether the Claim Petition filed and decided under Section 166 of the Motor Vehicles Act can be converted into one under Section 163-A so as to claim compensation without proving any negligence on the part of the driver of the vehicle involved in the accident. There is no prohibition in law to convert the said petition unless some prejudice is shown by the opposite party, in my view, a claim petition filed under Section 166 can be converted to one under Section 163-A of the Act."

7. As per the law laid down in Hon'ble the Apex Court in the case of Nagappa Vs. Gurdayal Singh and Ors. (2003) 2 SCC 274, the specific provision of Order VI Rule 17 of CPC is applicable in the proceedings pending before the claims Tribunal and Court may permit amendment of claim petition.

The proposed amendment are necessary for proper adjudication of claim petition and petitioners are entitled to amend his claim petition as per their choice. There is no provision in law to convert the said provision unless some prejudice is shown by the opponent party, therefore, on the basis of aforesaid, this Court is of the considered opinion that claim petition filed under Section 166 of M.V. Act can be converted under Section 164 of M.V. Act.

8. In the light of the aforesaid analysis, this Court is of the considered opinion that impugned order passed by below Tribunal is against the law and facts and it deserves to be dismissed. Hence, this Misc. Petition is allowed and the impugned order dated 29.01.2024 passed in MACC No.179/2021 by III Member, MACT, Shajapur is hereby set aside. The application under Order VI Rule 17 of CPC filed by the petitioners stands allowed. The below Tribunal is directed to proceed further in accordance with law.