dated 10.04.2001 passed by the High Court of Karnataka in the case of Guruanna Vedi & Anr. Vs. General Manager, Karnataka State Road Transport Corporation & Anr. reported in AIR 2001 Karnataka 275 wherein the High Court of Karnataka has held that a claimant can amend the claim petition filed under Section 166 to a petition under Section 163-A of the Act of 1988, at any stage of the proceedings and further, the court concerned shall pass an order on that application in accordance with law. He also places reliance upon the order dated 29.08.2023 passed by the High Court of Gujarat at Ahmedabad in the case of Govindbhai Chhaganbhai Bhil (Rana) Vs. Dilawarkhan Sahebkhan Baloch : R/First Appeal No.845/2023 , while submitting that it is permissible to exercise the option out of two proceedings under Section 163-A and 166 of the Act of 1988 to convert the claim petition under any of the section either during pendency of the proceedings before the Tribunal or at an Appellate stage. He, thus, implores the Court to allow the applications (Nos.01/2024) and remand these matters to the learned MACT, Sirohi while treating the claim under Section 163-A of the Act of 1988.
