ALLBUX ABDUL PIRJADE Vs. JYOTI MOHAN GOHIL

JUDGEMENT

(1.) Heard learned Counsel for the rival parties. Perused petition.

(2.) 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 under Section 166 of Motor Vehicles Act, 1988 ('the Act' for short) to that of Section 163A of the said Act, so as to enable them to restrict their claim to Rs. 2,04,500.

(3.) 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 v. General Manager, Karnataka State Road Trans. Corpn., 2002 3 ACC 350 wherein the High Court ruled that there is no prohibition in the provisions of the Act from switching over the claim made under Section 166 to Section 163A of the Act.