1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 251 OF 2009 New India Assurance Co. Ltd. - - Appellant Versus 1. Nandu s/o Bhimrao Raut and another - - Respondents Shri Vinayak N. Upadhye, Advocate for the Appellant. Shri S. K. Naikwade, Advocate for the Respondent No. 1. CORAM : K. U. CHANDIWAL, J. DATE : 16TH JUNE, 2009. PER COURT : 1. Heard counsels for the respective parties. The appellant/insurance company feels aggrieved by the award of Rs. 99,309/- with interest @ Rs. 9% per annum in M.A.C.P. No. 224/2005, taking recourse to Sec. 163 (A) of Motor Vehicles Act (structural formal, basis). The learned counsel for the insurance company by taking recourse to the judgment in the matter of New India Assurance Co. Ltd. Vs. Asha Kalyan, pointed that Apex Court having considered the history of the legislation leading to incorporation of Section 163A, disagree with the view taken in the earlier 2 case in the matter of Harbha Vs. Oriental Insurance Co. Ltd. 2001 5 S.C.C. 175, pointed that the proceeding under Section 163 (A) being social security, provision provided for distinguishing claim only those whose annual income is up to Rs. 40,000/- can take benefit thereof and other claimants are required to be determined in terms of Chapter 12 of the Act. This view of the Apex Court, can not be put to any further controversy, as the Apex Court has disapproved the view expressed by other Bench. 2. Now realizing the difficulties the counsel for the claimant too accepts that, the matter needs to be reconsidered by the learned Member Motor Accident Claim Tribunal Beed. The counsel for the respondent/claimants wants to convert the petition from Section 163A to under Section 166 of Motor Vehicles Act. 3. In the light of this, following order : 4. The first appeal is partly allowed. The judgment and order under challenge is set aside. The claimants are allowed to make an application to the learned Member, M. A. C. T. Beed for conversion of the main petition from Section 163A to under Section 166 of the Motor Vehicles Act. It will be open for the learned member to appreciate the evidence and decide the same on its own merits. No costs. 3 5. The statutory deposits of Rs. 25,000/- dated 07.01.2009 and subsequent deposit of Rs. 48,284/- dated 13.02.2009 be remitted to the appellant/insurance company. [ K. U. CHANDIWAL ] JUDGE bsb/June 09/FA 251.09