Case Note & Summary
The petitioners, original claimants in a motor accident claim, filed a claim petition under Section 163A of the Motor Vehicles Act, 1988, following the death of the husband of petitioner No. 1 in a vehicular accident on 13.11.2009. The claim petition was initially allowed, but the Insurance Company was exonerated from liability. The claimants challenged this order in First Appeal No. 2089 of 2012, which was allowed on 27.01.2025, and the matter was remanded back to the learned Motor Accident Claims Tribunal, Nadiad, for fresh adjudication. After remand, the claimants filed an application below Exh. 72 seeking conversion of the claim petition from Section 163A to Section 166 of the Act. The Tribunal rejected this application, leading to the filing of the present Special Civil Application. The High Court heard the parties and considered the submissions of the learned counsel for the petitioners, who argued that conversion is permissible at any stage of proceedings, including the appellate stage, and relied on the Division Bench judgment of the Gujarat High Court in National Insurance Company Limited v. Mukeshbhai Bhalachandrabhai Jani (deceased) through heirs Ranjanben and ors., reported in 2004. The High Court found that the Tribunal erred in rejecting the application without appreciating the settled legal position. Consequently, the High Court allowed the petition, set aside the impugned order dated 15.04.2025, and directed the Tribunal to allow the conversion application and proceed with the claim petition under Section 166 of the Act for fresh adjudication.
Headnote
A) Motor Vehicles Act - Conversion of Claim Petition - Section 163A to Section 166 - Permissibility - The claimants sought conversion of their claim petition from Section 163A to Section 166 of the Motor Vehicles Act, 1988, after the matter was remanded by the appellate court. The Tribunal rejected the application. The High Court held that conversion is permissible at any stage of proceedings, including appellate stage, and the Tribunal ought to have allowed the application in view of settled legal position. (Paras 1-4)
B) Motor Vehicles Act - Remand - Effect on Pending Proceedings - Section 163A and Section 166 - The original claim petition under Section 163A was initially allowed but the Insurance Company was exonerated. On appeal, the matter was remanded for fresh adjudication. Thereafter, the claimants applied for conversion. The High Court allowed the conversion and remanded the matter back to the Tribunal for fresh adjudication under Section 166. (Paras 1-4)
Issue of Consideration
Whether the Motor Accident Claims Tribunal was justified in rejecting the application of the original claimants to convert the claim petition from Section 163A to Section 166 of the Motor Vehicles Act, 1988, after remand by the appellate court.
Final Decision
The High Court allowed the Special Civil Application, set aside the impugned order dated 15.04.2025 passed by the learned Motor Accident Claims Tribunal, Nadiad, and directed the Tribunal to allow the application below Exh.72 for conversion of the claim petition from Section 163A to Section 166 of the Motor Vehicles Act, 1988, and proceed with the claim petition under Section 166 for fresh adjudication.
Law Points
- Conversion of claim petition under Motor Vehicles Act from Section 163A to Section 166 is permissible at any stage
- including appellate stage
- by filing appropriate application
- Tribunal cannot reject such application on technical grounds
Case Details
2026 LawText (GUJ) (03) 425
R/SPECIAL CIVIL APPLICATION NO. 8009 of 2025
Nishit A Bhalodi for Petitioners, Ms Kirti S Pathak for Respondent No. 2
Sarojben Kanubhai Thakor & Ors.
Alkeshbhai Bhalabhai Barber & Anr.
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Nature of Litigation
Special Civil Application under Article 226/227 of the Constitution challenging the order of the Motor Accident Claims Tribunal rejecting application for conversion of claim petition from Section 163A to Section 166 of the Motor Vehicles Act, 1988.
Remedy Sought
The petitioners sought quashing of the impugned order dated 15.04.2025 and a direction to the Tribunal to allow the conversion application and proceed with the claim petition under Section 166 of the Act.
Filing Reason
The Tribunal rejected the application for conversion of the claim petition from Section 163A to Section 166 of the Motor Vehicles Act, 1988, after the matter was remanded by the appellate court.
Previous Decisions
The claim petition under Section 163A was initially allowed but the Insurance Company was exonerated. The claimants appealed in First Appeal No. 2089 of 2012, which was allowed on 27.01.2025, and the matter was remanded for fresh adjudication. Thereafter, the application for conversion was rejected by the Tribunal.
Issues
Whether the Motor Accident Claims Tribunal was justified in rejecting the application for conversion of the claim petition from Section 163A to Section 166 of the Motor Vehicles Act, 1988, after remand.
Submissions/Arguments
The petitioners argued that conversion of a claim petition from Section 163A to Section 166 is permissible at any stage of proceedings, including appellate stage, and the Tribunal ought to have allowed the application in view of settled legal position. They relied on the Division Bench judgment of the Gujarat High Court in National Insurance Company Limited v. Mukeshbhai Bhalachandrabhai Jani (deceased) through heirs Ranjanben and ors., 2004.
Ratio Decidendi
A claimant under the Motor Vehicles Act, 1988, is entitled to convert a claim petition from Section 163A to Section 166 at any stage of the proceedings, including after remand by an appellate court, and the Tribunal cannot reject such an application on technical grounds.
Judgment Excerpts
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 was rejected.
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.
Procedural History
The original claim petition under Section 163A of the Motor Vehicles Act, 1988, was filed in M.A.C.P. No. 1928 of 2009. The claim was allowed but the Insurance Company was exonerated. The claimants appealed in First Appeal No. 2089 of 2012, which was allowed on 27.01.2025, and the matter was remanded for fresh adjudication. Thereafter, the claimants filed application below Exh.72 for conversion to Section 166, which was rejected by the Tribunal on 15.04.2025. The present Special Civil Application was filed against that order.
Acts & Sections
- Motor Vehicles Act, 1988: 163A, 166
