1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD First Appeal No. 162 of 2010 National Insurance Co. Ltd. Appellant V E R S U S Mangal Shamgir Gosavi & ors Respondent Mr. D.S. Kulkarni, holding for Mr. S.L. Kulkarni, Advocate for the appellant Mr. K.M. Nagarkar, Advocate for respondent No.4 CORAM : A.V. NIRGUDE, J. DATED : 15th June, 2010 PER COURT : 1. As per the indication given on the last occasion, the appeal is heard finally at admission stage. 2. The appellant / Insurance Company challenged the Judgment and Award passed by the learned Member, MACT, Kopargaon awarding certain compensation to the respondents No. 1 to 3 in MACP No. 525 of 2002. This was a petition filed under Section 163A of the Motor Vehicles Act. The respondents No. 1 to 3 in the petition itself mentioned that deceased Shamgir on account of whose accidental death the petitioner was made earned a salary of Rs. 4,800/- per month. They thus admitted that the income of the deceased was more than Rs.40,000/- per annum. Section 163A of the Motor Vehicles Act and the schedule annexed to it, provides that persons having income up to Rs.40,000/- per month would be able to make petition under Section 163A of the Motor Vehicles Act for seeking compensation. Despite of this, the learned Member allowed the petition and granted certain amount as compensation making it payable by the appellant as well as the respondent No.4. Having 2 regard to theJudgment of the learned Single Judge of our High Court in the case of New India Assurance Co. Ltd. V. Ashabai & others (2009 ACJ 163), it would be appropriate for this Court to allow conversion of the petition which was filed under Section 163A of the Motor Vehicles Act into a petition under Section 166 of the Motor Vehicles Act so that the respondents No. 1 to 3 will not be shutout from continuing their claim for compensation on account of the accidental death of Shamgir. Since there is no limitation prescribed for filing a petition under Section 166 of the Motor Vehicles Act, such a conversion would be permissible. a. The appeal is allowed. b. Impugned Judgment and Award are set aside. c. The petition under Section 163A of the Motor Vehicles Act is hereby converted into Section 166 of the Motor Vehicles Act. d. The respondents No. 1 to 3 shall amend the petition according to the need after the petition is sent back to the Tribunal. The Tribunal shall then deal with the application as per Law. e. The amounts deposited by the appellants in the Court, shall be refunded to them. (A.V. NIRGUDE, J.) srm/fa/162/10