F.A.823 of 2011 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD FIRST APPEAL NO.823 OF 2011 Kalyan s/o Raghunath Chavan, Age 28 years, Occu.Business, R/o Wadwani, Taluka Wadwani, District Beed ..Appellant Versus 1. Vikas s/o Madhukar Chenuke, Age Major, Occu.Business, R/o Near S.T.Stand, Sillod, Taluka Sillod, Dist.Aurangabad 2. The Branch Manager, National Insurance Company Ltd., Hazari Chambers, Station road, Aurangabad District Aurangabad ..Respondents Mr S.G.Chapalgaonkar, Advocate for appellant Mr P.P.Bafna, Advocate for respondent No.2 Respondent No.1 served through paper publication CORAM : MRS MRIDULA BHATKAR, J. DATE : 11th October 2011 ORAL JUDGMENT 1. Admit. 2. This appeal is filed by the original claimant, challenging the order of dismissal of the claim passed by Member, Motor Accident Claims Tribunal, Majalgaon on 25.11.2010. F.A.823 of 2011 2 3. Learned Counsel for the appellant makes a limited prayer that the claimant is injured in the accident and he filed compensation claim under Section 163-A of the Motor Vehicles Act. It is a settled position of law that the person whose income is upto Rs.40,000/- only can seek compensation under Section 163-A of the Motor Vehicles Act. Learned Counsel for the appellant submits that at the time of cross examination of the applicant he gave admission that his monthly income is Rs.10,000/- to Rs.12,000/-. Therefore, by relying on his admission and that evidence, the Tribunal dismissed the claim as it is not maintainable under Section 163-A of the Motor Vehicle Act. Learned Counsel prays that on that point matter be remanded. 4. Learned Counsel for the Insurance Company opposes and submits that remand will not serve any purpose as the applicant was at fault in driving his vehicle. 5. The judgment and order passed by the Ad hoc District Judge-1 and Member, Motor Accident Claims Tribunal, Majalgaon is set aside. Matter is remanded back to the Motor Accident Claims Tribunal, Majalgaon. Claimant is allowed to convert the petition under Section 166 of the Motor Vehicles Act and the parties may tender evidence afresh and the Tribunal to decide the matter afresh, in accordance with law. Appeal is partly allowed accordingly. ( MRS MRIDULA BHATKAR, J. ) (vvr/823.11fa)