1 F.A.No.1960 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD FIRST APPEAL NO.1960 OF 2011 Nandkishor s/o Vasantrao Joshi, Age 48 years, Occupation Service, R/o Plot No.7, Ganesh Housing Society, N-8, Bajrang Chowk, CIDCO, Aurangabad ..APPELLANT VERSUS 1. Sanjeev s/o Maroti Icche, Age Major, Occu.Business, R/o At and Post Vadala, Taluka Bhokardan, District Jalna A/P 155, C Sector, N-1, Near Bhakti Ganesh Mandir, CIDCO, Aurangabad 2. Vijay s/o Gangadharrao Sakolkar, Age Major, Occu.Advocate R/o 155, C-Sector, N-1, Near Bhakti Ganesh Mandir, CIDCO, Aurangabad 3. The New India Assurance Co.Ltd., Through its Branch Manager, Branch Office, Adalat road, Aurangabad, Office in front of District Court, Aurangabad ..RESPONDENTS Mr P.C.Mayure, Advocate for appellant Mr H.B.Nandagavale, Advocate for respondents 1 and 2 Mr M.M.Ambhore, Advocate for respondent No.3 CORAM : MRS MRIDULA BHATKAR, J. DATE : 18th October, 2011 ORAL JUDGMENT 1. Admit. With the consent of learned Counsel for the parties, this appeal is heard finally at the stage of admission. 2 F.A.No.1960 of 2011 2. Claimant has filed a claim petition under Section 163-A of the Motor Vehicles Act as he was injured in the accident dated 29.7.2009. In the pleadings the petitioner pleaded that his annual income was more than Rs.40,000/-. Claim was dismissed on the ground of maintainability. Injured original applicant has challenged the order in appeal. 3. Learned Counsel for the appellant submits that it was a mistake of the petitioner to file claim application under Section 163-A of the Motor Vehicles Act and should have filed under Section 166 of the Motor Vehicles Act. He seeks permission that he be allowed to convert the said application under Section 166 of the Motor Vehicles Act. He, therefore, prays that on this ground the matter be remanded. 4. Considering the submissions of the learned Counsel for the appellant, the matter is remanded to the Member, Motor Accident Claims Tribunal, Aurangabad. The order passed by the Member, M.A.C.T., Aurangabad dated 12.5.2011 is quashed and set aside. 5. All the parties are allowed to file additional written statement and also adduce evidence and cross-examination of the witnesses. Tribunal to decide the matter afresh, in accordance with law as expeditiously as possible. 6. Appeal is partly allowed. ( MRS MRIDULA BHATKAR, J.) (vvr/1960.11fa) 3 F.A.No.1960 of 2011