IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE WRIT PETITION NO. 4394 OF 2006 WRIT PETITION NO. 4394 OF 2006 WRIT PETITION NO. 4394 OF 2006 Mr.Allabux Abdul Pirjade & another. ... Petitioners. V/s. Mrs.Jyoti Mohan Gohil & another. ... Respondents. M.B.Kotak for the petitioners. J.S.Chandnani for respondent No.2. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. DATED: 25th August 2008. DATED: 25th August 2008. DATED: 25th August 2008. P.C.: P.C.: P.C.: ---- ---- ---- . Heard learned counsel for the rival parties. . Perused petition. 2. This petition is directed against the order dated 21st December, 2005 passed on application moved by the petitioners being M.A.No.397/2004 whereby the petitioners were seeking to convert their application filed under section 166 of the Motor Vehicles Act ("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/-. 2. Mr.Kotak, learned counsel appearing for the petitioners placed reliance on the judgment of the Karnataka High Court in the case of Guruanna Vadi v. Guruanna Vadi v. Guruanna Vadi v. General Manager, Karnataka State Road Trans.Corpn. General Manager, Karnataka State Road Trans.Corpn. General Manager, Karnataka State Road Trans.Corpn., 2001 ACJ 1528; wherein the High Court ruled that there is no prohibition in of the provisions of the Act from switching over the claim made under section 166 to section 163-A of the Act. 3. The learned counsel, appearing for 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. 4. In the aforesaid view of the matter, the impugned order dated 21st December, 2005 is set aside. Misc.Application No.397/2004 is allowed. Petitioners are permitted to carry out necessary amendments with fifteen 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. 5. Petition is disposed of in terms of this order with no order as to costs. (V.C.DAGA, J.) (V.C.DAGA, J.) (V.C.DAGA, J.)