CW 4778/07 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.4778/07 Smt. Mayadevi Versus Harish Sachdeva & Ors. DATE OF ORDER : 15/07/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Mahesh Sharma, for petitioner Mr. Deepak Goyal, for respondents *** Instant petition has been filed by petitioner assailing order dt.27th January, 2007 passed by Motor Accident Claims Tribunal on application filed by petitioner to treat his application, which was initially filed u/ss.140 & 166 of Motor Vehicles Act, u/s.163-A of the Act which was rejected by Tribunal on the premise that once he took benefit of no fault liability u/s.140 and pending trial, u/s.166 of the Act, he cannot now switch on to treat his application u/s.163-A of the Act. Apart from view what has been expressed by Tribunal since petitioner in claim petition has alleged his income to be more than Rs.40,000/- which does not fall in the Second Schedule appended to the Act and is not entitled to submit application u/s.163-A of the Act. CW 4778/07 [2] Counsel for respondents has placed reliance on the judgment of apex court in Deepal Girishbhai Soni & Ors. Vs. United India Insurance Co. Ltd. [2004 ACJ-934]. Taking note thereof, this Court does not find any manifest error committed by Tribunal under order impugned, which may call for interference. Accordingly, writ petition fails and is hereby dismissed. [AJAY RASTOGI], J. FRBOHRA4778CW07 15-7.doc