In the High Court of Punjab and Haryana at Chandigarh F.A.O. No.3624 of 2007 Date of decision: November 17, 2009 Sanjeev Kumar @ Sanjay .. Appellant Vs. Arun Kumar and another .. Respondents Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. Rajinder Sharma, Advocate for the appellant. Mr. D.P. Gupta, Advocate for the respondent-Insurance Co. A.N. Jindal, J This is claimant's appeal against the award dated 18.5.2007 passed by the Motor Accident Claims Tribunal, Ropar (herein referred as 'the Tribunal') dismissing the claim petition on the ground that the application preferred by the claimant-appellant (herein referred as 'the claimant') under Section 163-A of the Motor Vehicles Act (herein referred as 'the Act') was not maintainable as the claimant had more income than provided under the statute i.e. Rs.40,000/- per annum. Now by way of the application under Order 6 Rule 17 CPC, the claimant has sought amendment of the petition for converting the same from 163-A to 166 of the Act. Facts in the background of the case are that on 29.9.2004, the claimant while driving the motor cycle bearing registration No.CH03N3854 was coming from Chandigarh and going towards Panjoli and when he reached near the Punjab Barrier, suddenly a horse came in front of the claimant and struck against him. Resultantly he fell down and suffered injuries. The main element to be proved by the claimant in an application under Section 166 of the Act was to establish the negligence of tort feasor. There is no tort feasor in this case. The accident took place per F.A.O. No.3624 of 2007 -2- *** chance on account of sudden appearance of horse in front of the vehicle. Since the accident took place perchance and the claimant is not a third party, as such if the amendment is allowed, even then the claimant cannot succeed as he would fail to prove wrongful act of the tort feasor which is a necessary ingredient for seeking the claim under Section 166 of the Motor Vehicles Act. Resultantly, finding no merit in the appeal the same is dismissed. November 17, 2009 (A.N. Jindal) deepak Judge