S.B. CIVIL MISC. APPEAL NO.1203/2008 Smt.Dhapudi&Ors.Vs.Agar Prabandhak,Rajasthan Rajya Path Parivahan Nigam & Ors. Date of order : 29th October, 2009 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. N.S. Khileri for the appellant-claimants. Mr. S.R. Paliwal for Mr. Anil Bachhawat for the respondent-RSRTC. Mr. Jagdish Vyas for the respondent-Insurance Company. ------- This appeal is directed against the award of the MACT, Parabatsar dated 14.7.2008 deciding claim case No.38/2006 – Smt. Dhapudi Vs. RSRTC & Ors. whereby the learned Tribunal rejected the claim petition under Section 163A of the Act on the ground that annual income of the claimant exceeding the maximum limit permissible under Section 163A of the Act read with second Schedule to the Act namely Rs.40,000/-. The learned counsel for the appellant-claimant submits that he may be permitted to file his fresh claim petition before the learned Tribunal under Section 166 of the Act. This contention of the learned counsel for the appellant is not opposed by the opposite counsel and rightly so. Accordingly this appeal is dismissed as not pressed, however with liberty to the claimant to approach the Tribunal by way of fresh claim petition under Section 166 of the Act in accordance with law. Record may be sent back. [ DR. VINEET KOTHARI ], J. item No.25 babulal/