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Judgment
V.C. Daga, J.—Heard learned Counsel for the rival parties. Perused petition.
This petition is directed against the order dated 21.12.2005 passed on application moved by petitioners being M.A. No. 397 of 2004 whereby the petitioners were seeking to convert their application filed u/s 166 of Motor Vehicles Act, 1988 (''the Act'' for short) to that of Section 163-A of the said Act, so as to enable them to restrict their claim to Rs. 2,04,500.
Mr. M.B. Kotak, the learned Counsel appearing for petitioners placed reliance on the judgment of Karnataka High Court in the case of Guruanna Vadi and another Vs. The General Manager, Karnataka State Road Transport Corporation, Bangalore and another, , wherein the High Court ruled that there is no prohibition in the provisions of the Act from switching over the claim made u/s 166 to Section 163-A of the Act.
The learned Counsel, appearing for the respondent No. 2 though opposed this application but could not take his opposition to the logical end and urged that if at all the application for conversion is to be allowed then all rival contentions on merits be kept open.
In the aforesaid view of the matter, the impugned order dated 21.12.2005 is set aside. Misc. Application No. 397 of 2004 is allowed. Petitioners are permitted to carry out necessary amendments within 15 days from the receipt of copy of this order. The Tribunal is directed to hear and dispose of the converted application as expeditiously as possible, at any rate, within six months from the date of receipt of copy of this order. All rival contentions on merit are kept open.
Petition is disposed of in terms of this order with no order as to costs.