IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 WP(C).No. 22668 of 2008(W) ------------------------------------- OPMV.1092/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... PETITIONER: ------------------- GURUVAYURAPPAN, S/O.NARAYANAN, AGED 33 YEARS, THANKAM NIVAS, NANNIYODE POST, CHITTUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.RAJESH SIVARAMANKUTTY SMT.A.PREMAKUMARI RESPONDENTS: ---------------------- RANGAL, W/O.LATE PALANI, AGED ABOUT 54 YEARS, MALAYANDI KOUNDER, VANNAMADA POST, KOZHIPATHY VILLAGE, CHITTUR TALUK, PALAKKAD DIST. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J ================== W.P(C)No.22668 of 2008 ================== Dated this the 28th day of July, 2008. J U D G M E N T The petitioner, who is one of the respondents in O.P. (M.V.) No.1029 of 2003, is aggrieved by Ext.P5 order passed by the Motor Accidents Claims Tribunal, Palakkad, whereby an Interlocutory Application No.268/07 filed by the respondent herein seeking amendment of the O.P. was allowed by the Tribunal. According to the petitioner, by the amendment, the respondent was permitted to convert the O.P. as one under Section 163A although the O.P. was filed under Section 166 of the Motor Vehicles Act, which according to the petitioner, is not permissible. I am of opinion that by allowing the amendment application the petitioner is not prejudiced in any manner, in so far as the Tribunal has not considered the maintainability of the petition under Section 163A, while allowing the amendment application. The petitioner is still W.P(C)No.22668 of 2008 - 2 - left with the remedy of contesting the O.P.(M.V.), itself on the ground that the same would not lie under Section 163A. As such there is no merit in the challenge against Ext.P5 order allowing the amendment application. Therefore, without prejudice to the right of the petitioner to file additional written objections incorporating objections against the amended O.P., this writ petition is dismissed. S.SIRI JAGAN, JUDGE rhs