SBCMA No.837/2008 Smt. Gekhali & Ors. Vs. Ramswroop & Anr. 1 SBCMA No.837/2008 Smt. Gekhali & Ors. Vs. Ramswroop & Anr. DATE OF ORDER : - 12.11.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.SP Sharma, for the appellants. Mr. MS Rathore, for the respondent no.1. <><><> Heard learned counsel for the parties. The appellants' claim petition was dismissed on the ground that deceased's income was more than Rs.40,000/- per annum and, therefore, the petition under Section 163A of the Motor Vehicles Act is not maintainable in view of the judgment of the Hon'ble Apex Court delivered in the case of Deepal Girishbahi Soni & Ors Vs. United India Insurance Co. Ltd reported in 2004(1) WLC (SC) Civil 598. So far as said issue is concerned, that is already decided by the Hon'ble Apex Court, therefore, there is no merit in the appeal of the appellants. However, since the appellants claim is not maintainable under Section 163A of the Act of 1988, therefore, their claim could have been decided under Chapter 12 of the Act of 1988 in view of the judgment of the Deepal Girishbhai Soni's case (supra). SBCMA No.837/2008 Smt. Gekhali & Ors. Vs. Ramswroop & Anr. 2 Therefore, the appeal of the appellants is partly allowed and the award dated 25th April, 2006 is set aside. The matter is remanded to the Motor Accident Claims Tribunal for deciding the claim petition of the appellants under Section 166 of the Motor Vehicles Act treating the petition filed under Section 163A as filed under Section 166 of the Motor Vehicles Act. Both the parties are directed to appear before the trial court on 11th Dec., 2008. It is observed that since the scope has changed by treating the petition under Section 163A to 166 of the Motor Vehicles Act, therefore, on request, the tribunal may grant opportunity to parties to lead further evidence. (PRAKASH TATIA), J. c.p.goyal/-