VIJENDER SINGH Vs. KAILASH SHARMA

JUDGEMENT

(1.) -THE challenge in the present petition is to the order passed by the learned Motor Accidents Claims tribunal dated 24. 5. 2005, whereby an application of the claimant-petitioner to treat the same under section 166 of the motor Vehicles Act, 1988, was dismissed.

(2.) INITIALLY, the petitioner had filed the petition claiming compensation under section 163-A and section 166 of the Motor vehicles Act, 1988 (hereinafter referred to as 'the Act' ). But on 24. 11. 2003, the learned counsel appearing on behalf of the petitioner has made a statement to pursue the petition under section 163-A of the act. By virtue of the present application, the petitioner wants to treat the petition under section 166 of the Act instead of under section 163-A of the Act.

(3.) ONCE the petitioner has made a statement to continue the petition under section 163-A of the Act, it is not open to the petitioner to turn out to assert that his claim of compensation be treated under section 166 of the Act. Having elected his remedy to pursue his claim under section 163-A of the Act, the petitioner cannot claim compensation now under section 166 of the Act.