IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA FAO No.: 164 of 2011 Date of decision : 16.5.2011 Laxmi @ Lachhmi Devi and others …Appellants. Versus Daulat Ram and others …Respondents. Coram The Hon’ble Mr. Justice Deepak Gupta, Judge. Whether approved for reporting?1 No. For the Appellants: Mr. Abhinay Sharma, Advocate. For the respondents: None. Deepak Gupta, J. (oral) 1. This appeal is directed against the award of the learned Motor Accident Claims Tribunal, Bilaspur dated 12.1.2011 whereby he dismissed the petition filed under Section 163-A as being not maintainable. 2. In fact the petitioners had earlier approached this Court by filing FAO No. 467 of 2002 and that case was disposed of in the following terms on 3.3.2009:- “Mr. Tara Singh Chauhan submits that as per the law laid down by the apex Court in Deepal Girishbhai Soni and others vs. United India Insurance Co. Ltd. Baroda (2004) 5 SCC 385, the present petition filed under Section 163- A of Motor Vehciles Act was not maintainable since the income of the deceased was more than Rs.40,000/- per month. Therefore, he seeks to withdraw the original petition filed under Section 1 Whether the reporters of the local papers may be allowed to see the Judgment? 2 163-A of Motor Vehicles Act with liberty reserved to him to file an appropriate proceeding under the Motor Vehicles Act or any other provision of law. In case such proceedings are commenced within two months from today, the respondents shall not raise any objection of limitation. The petition is disposed of accordingly.” 3. Despite clear cut statement having been made and despite the orders of this Court it appears that the petition was not withdrawn and was argued and it appears that it was not even brought to the notice of the learned Motor Accident Claims Tribunal that this was the order passed by the Court. 4. In view of the earlier order passed the petition under Section 163-A of the Motor Vehicles Act was not maintainable. The learned Tribunal rightly rejected the petition. In view of the above discussion there is no merit in the appeal which is dismissed in limine. 16th May, 2011 ( Deepak Gupta ) ™ Judge.