1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD First Appeal No. 2041 of 2008 Dinesh Bagul and others Appellants V E R S U S Division Manager and ors Respondent Mr. P.F. Patni, Advocate for the appellants Mr. S.V. Kulkarni, Advocate for the respondent No.1 CORAM : A.V. NIRGUDE, J. DATED : 15th June, 2010 PER COURT : 1. As indicated earlier on 9th June, 2008, the appeal is taken up for disposal at the stage of admission. 2. The appeal is filed against the Judgment and Award passed by the learned Member, MACT, Aurangabad dismissing the appellants’ claim petition filed under Section 163A of the Motor Vehicles Act solely on the ground that the appellants were not entitled to file petition under Section 163A of the Motor Vehicles Act because the victim of the accident had income of Rs.48,000/- which was beyond the limit imposed by Section 163A of the Motor Vehicles Act and schedule appended thereto. All that the appellants’ now say is that they should be allowed to convert their petition into the petition under Section 166 of the Motor Vehicles Act. 3. The question as to whether in such situation the appellants / claimants could be permitted to convert their application under Section 163A of the Motor Vehicles Act into an application under Section 166 of the Act was considered by the learned Judge of this Court in the case of New India Assurance Co. Ltd. V. Ashabai & others (2009 ACJ 163). The learned Judge held that since the 2 claimants were debarred from taking advantage of Section 163A of the Act which was a social security provision available to the persons whose annual income is restricted, they could be permitted to convert such application into an application under Section 166 of the Motor Vehicles Act mainly because there is no limitation provided for making an application under Section 166 of the Act. I think, the appellants here are entitled to similar relief. So, instead of dismissing their appeal, following order would suffice the ends of justice. a. The appeal is allowed. b. Impugned Judgment and Award are set aside. c. The M.A.C. petition No. 449 of 2004 is remanded back to the Motor Accidents Claims Tribunal Aurangabad where the Tribunal shall allow the appellants to convert the petition as filed under Section 166 of the Motor Vehicles Act. d. Appeal stands disposed of. (A.V. NIRGUDE, J.) srm/fa/12941/08