SBCMA No.611/2004 Vinod & Ors. Vs. Rajnish & Anr. 1 SBCMA No.611/2004 Vinod & Ors. Vs. Rajnish & Anr. DATE OF ORDER : - 24.9.2008 HON'BLE MR. PRAKASH TATIA, J. Mr. JR Choudhary,for the appellants. Mr. Kishan Singh ] Mr. Mukul Singhvi ], for the respondents. <><><> In view of the reasons given in SBCMA No.172/2008 (National Insurance Co. Ltd. Vs. Smt. Indu Saraswatn & Anr.) decided today itself, i.e., 24.9.2008, this appeal deserves to be dismissed though on different ground as not maintainable under Section 163A of the Act of 1988 because of the reason that claimant's case was that the victim was having income of Rs.5,000/- per month i.e., Rs.60,000/- per annum which is beyond the cap of Rs.40,000/- provided for Section 163A of the Act of 1988. Hence, the appeal of the appellant is dismissed. However, if the appellant is entitled to avail any other remedy, he shall be free to avail the remedy but only in accordance with law. (PRAKASH TATIA), J. c.p.goyal/-