(1) agk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1652 OF 2009 Divisional Officer, The Oriental Insurance Co Ltd .. Appellant versus Popatrao Kashinath Sonar (Dandgavhal) & Ors .. Respondents Mr.Ranjan Tripathi i/by Mr.S.S.Vidyarathi for the appellant. Mr.R.S.Khadapkar for respondent Nos.1 and 2. CORAM : A.S.OKA, J. DATE : 23rd September 2010. P.C.: . Heard learned counsel appearing for the applicants and learned counsel appearing for the respondent Nos.1 and 2. By consent taken up for final disposal at admission stage. 2 In the claim petition filed by the 1st and 2nd respondents, a contention was raised that income of the deceased was Rs.6,000/- per month. In view of this factual position, the learned counsel appearing for the 1st and 2nd respondents on instruction states that by setting aside the impugned award, the claim petition be remanded to the Tribunal with a direction to the Tribunal (2) to treat the petition as the one under section 166 of the Motor Vehicles Act, 1988. The submission is reasonable and deserves to be accepted. In view of this submission, it is not necessary to serve notice to 3rd and 4th respondents. 3 Hence, appeal is disposed of by passing following order: : O R D E R : (a) The impugned judgment and award dated 18th January 2008 is quashed and set aside and Motor Accident Claim Petition No.97 of 2001 stands restored to the file of the Tribunal. (b) On the application being made by the 1st and 2nd respondents, the Tribunal shall permit conversion of the claim petition into a claim petition under section 166 of the Motor Vehicles Act, 1988. (c) The Tribunal will permit the opponents to file additional written statement. The Tribunal will also permit the parties to lead further evidence. (d) The claim petition shall be decided as expeditiously as possible and in any event within a period of six months from the date on which the writ of this order is received by the Tribunal. (e) If the claimants have already received the compensation amount in terms of section 140 of the Motor Vehicles Act, 1966, the (3) Tribunal will permit the appellant to withdraw the compensation amount deposited on the basis of the award which is set aside. (f) If there is already an order under section 140 of the said Act and if the amount under section 140 of the said Act has not been received by 1st and 2nd respondents, the Tribunal will permit withdrawal of the amount by 1st and 2nd respondents to that extent and will thereafter permit the appellant to withdraw rest of the amount. (g) A sum of Rs.25,000/- deposited by the appellant in this Court shall be paid over to the appellant together with interest accrued thereon. (h) There will be no orders as to costs. (i) Appeal is partly allowed in above terms. (A.S.OKA, J)