FAO No.4437 of 2003 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.4437 of 2003 Date of Decision. 15.09.2010 The National Insurance Company Ltd., Regional Office, SCO No.337- 340, Sector 35-B, Chandigarh through its authorized signatory Sh. Rajinder Kumar Sharma, Admn Officer ......Appellant Versus Raj Rani w/o Kharati Lal and others ......Respondents Present: Mr. Navin Kapoor, Advocate for the appellant. Ms. Kiran Bala Jain, Advocate for the respondents. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? -.- K. KANNAN J.(ORAL) 1. The appeal is by the insurer challenging the maintainability of the petition under Section 163-A of the Motor Vehicles Act in a case where the deceased was said to be earning Rs.5,000/- per month, which was accepted by the Tribunal. His contention is that in terms of the judgment of the Hon'ble Supreme Court in Deepal Girish Bai Soni Vs. United India Insurance Company Limited 2004 ACJ 934, a petition under Section 163-A of the Motor Vehicles Act cannot be maintained at the instance of the deceased, whose annual income was more than Rs.40,000/-. The amendment appears to have been made during the course of the trial by converting the petition under Section 166 from 163-A of the Motor Vehicles Act. FAO No.4437 of 2003 -2- The contention is well founded and I cannot examine the case under Section 163-A of the Motor Vehicles Act. 2. I cannot still allow the claim petition itself to be dismissed for what was evidently on the advice of a counsel. In view of the decision of the Hon'ble Supreme Court, it shall not be possible to allow for an adjudication under Section 163-A of the Motor Vehicles Act and the whole matter will have to be considered afresh on the ability of the claimant to sustain the case on proof of negligence under Section 166 of the Motor Vehicles Act. I set aside the award and remit the matter to the Tribunal for giving an opportunity to the claimant to make appropriate amendment either as regards the income status or with reference to the provision under which the claim is made so that the claimants can obtain an appropriate adjudication for compensation to their benefit. 3. The award of the Tribunal is set aside and remitted to the Tribunal for taking appropriate steps with principle as aforesaid. The appeal is allowed on the above terms. The parties shall appear before the Tribunal at Ambala on 08.10.2010. (K.KANNAN) JUDGE September 15, 2010 Pankaj*