ORDER A.K. Shrivastava, J. 1. Feeling aggrieved by the order dated 29.1.2010 passed by the learned Second Additional Motor Accident Claims Tribunal, Gwalior, in Claim Case No. 90/2009, this writ petition under Article 227 of the Constitution of India has been filed by the claimant -petitioner. 2. No exhaustive statement of facts are required to be narrated for the purpose of disposal of this petition. Suffice it to say that a claim case has been filed under the provisions of Motor Vehicle Act, 1988 (hereinafter called as "Act") by the petitioner-claimant. Originally, the claim petition was filed under sections 166 and 140 of the Act, however, an application to amend the claim petition has been filed by the petitioner-claimant praying to convert the claim petition into a petition under section l63A of the said Act. This application has been rejected by the learned Tribunal. 3. In this manner, this writ petition has been filed under Article 227 of the Constitution of India. 4. On bare perusal of the application, we find that on the basis of same facts, merely the petitioner-claimant seeks indulgence of the learned Tribunal to treat his prayer under section 163A of the Act, according to us, it would not change the nature of the petition, hence, the learned Tribunal, has illegally dismissed the application filed under Order VI Rule 17 of the Code of Civil Procedure. 5. Resultantly, this petition succeeds and is hereby allowed. The impugned order is hereby set aside the amendment application filed by the claimant-petitioner is hereby allowed with no order as to costs.