2018 (2) AKR 125 ::(2018) 3 CivLJ 570 ::(2019) 1 ACJ 109 ::(2018) 2 TAC 171 ::(2017) 6 Kant LJ 565 ::2018 AAC 767 (KAR) ::(2017) 179 AllIndCas 716 (KAR)

Karnataka High Court

Hon'ble Judge(s): H. B. Prabhakara Sastry , J

Motor Vehicles Act (59 of 1988) , S.163A, S.166— Claim petition - Conversion of petition from S. 163-A to S. 166 - No bar in granting permission to convert petition filed u/S. 163-A to one u/S. 166 of Act as it depends upon discretion of Tribunal or High Court to allow such conversion - However, claimant is required to plead and establish negligence on part of driver of offending vehicle once claim petition is converted to S. 166. In claim petition filed under S. 166 of M. V. Act, claimant is required to plead and establish negligence on part of driver of offending vehicle. S. 163-A of M. V. Act which is stated to be social security provision was brought on statute book which creates exception to requirement of Section 166. If claimant chooses to take burden of pleading and proving negligence on part of driver of offending vehicle, he cannot be prevented. Power of Tribunal or High Court to allow conversion of claim petition is discretionary, which power Tribunal or Court is expected to exercise taking into consideration facts of case before it including conduct of claimants. Thus, there is no bar in granting permission to convert petition filed under S. 163-A of M. V. Act to one under S. 166 of same Act in genuine cases. Once claim petition is converted to S. 166 of M. V. Act, aspect of 'negligence' peeps in about which both parties to petition are required ....