HITANGINI ISHWAR PATELversusANILKUMAR JIVAN HALPALI

      C/SCA/13011/2025                                   ORDER DATED: 16/02/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CIVIL APPLICATION NO. 13011 of 2025
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                     HITANGINI ISHWAR PATEL
                               Versus
                 ANILKUMAR JIVAN HALPALI & ANR.
==========================================================
Appearance:
KAASH K THAKKAR(7332) for the Petitioner(s) No. 1
MR PALAK H THAKKAR(3455) for the Respondent(s) No. 2
NOTICE UNSERVED for the Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                Date : 16/02/2026

                                  ORAL ORDER

(1)     By way of this petition, the petitioner has prayed for the following
        reliefs :-

               “(b)   Your Lordships be pleased to issue a writ of mandamus or
               any other writ, order or direction modifying the impugned order
               passed under Exh:34 dated 09.07.2025 passed by learned Motor
               Accident Claim Tribunal (Main), Valsad at Annexure-A (colly)”

               (c)     Your Lordships be pleased to stay further proceedings of
               MACP No.172/2018 pending before learned Motor Accident Claim
               Petition (Main), Valsad pending 3nal disposal of this Special Civil
               Application-Annexure-B.”

(2)     Heard Mr. Kaash K. Thakkar, learned counsel for the petitioner and
        Mr. Palak Thakkar, learned counsel for respondent No.2.

(3)     Having heard learned counsel for the respective parties, it is an
        admitted and undisputed fact that the claimant initially preferred
        MACP No. 172/2018 under Section 163A of the Motor Vehicles Act,
        which is presently pending before the Tribunal for adjudication. The
        claimant now intends to convert the said proceedings into under
        Section 166 of the Motor Vehicles Act. It is also an admitted position



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      C/SCA/13011/2025                                ORDER DATED: 16/02/2026




        that, till date, neither any interim nor @nal compensation has been
        received by the claimant and the claim petition is still pending
        adjudication. Merely because the claimant himself was negligent and,
        therefore, the proceedings under Section 166 of the Act may not be
        maintainable, cannot be a ground to reject the request for
        conversion. As argued by the learned counsel for the petitioner, the
        case is based on negligence and the Insurance Company has already
        collected premium covering the driver’s risk. Therefore, it is needless
        to say that such issues are required to be adjudicated after the
        parties lead evidence before the Tribunal.

(4)     The limited question that arises in the present petition is with regard
        to the right of the claimant to convert the proceedings from Section
        163A to Section 166 of the Motor Vehicles Act before the Tribunal.

(5)     Considering the benevolent object of the legislation and the fact that
        the proceedings are still pending for adjudication, and in view of the
        decisions of the Hon’ble Supreme Court in Dipal Girishbhai Soni &
        Ors. vs. United India Insurance Co. Ltd., AIR 2004 SC 2107, and
        Rukmani Devi vs. New India Assurance Co. Ltd., 2009 ACJ 2202,
        there is no bar to convert the claim petition from Section 163A to
        Section 166 of the Motor Vehicles Act. This is not a case where the
        claimant is simultaneously pursuing two remedies under Sections
        163A and 166 of the Act in parallel.

(6)     In view of the above and without entering into the merits of the case,
        the petition is allowed. The impugned order passed below Exh. 34
        dated 09.07.2025 by the learned Motor Accident Claims Tribunal
        (Main), Valsad, is hereby quashed and set aside. The proceedings of
        MACP No. 172/2018 pending before the Tribunal at Valsad are
        permitted to be converted into proceedings under Section 166 of the


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      C/SCA/13011/2025                                                       ORDER DATED: 16/02/2026




        Motor Vehicles Act. It is clari@ed that this Court has not expressed
        any opinion on the merits of the case, including the maintainability of
        the claim or the liability of the Insurance Company. All such issues
        shall be decided independently by the Tribunal on their own merits
        after the parties lead evidence.

(7)     With the above observation and direction, petition is disposed of
        accordingly. Direct Service is permitted.




                                                                        (HASMUKH D. SUTHAR,J)


        SUCHIT



      Original copy of this order has been signed by the Hon'ble Judge.
      Digitally signed by: PATEL SUCHIT JAYESHBHAI(HC01083), Private Secretary, at High Court of Gujarat on 17/02/2026 11:32:10




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