1 S.B. Civil Misc. Appeal No.783/2008 Smt. Santosh & Ors. vs. Gyan Prakash Kumawat & Anr. S.B. Civil Misc. Appeal No.783/2008 Smt. Santosh and others. vs. Gyan Prakash Kumawat and another. Date : 25.3.2009 HON'BLE MR. PRAKASH TATIA, J. Mr.SP Sharma, for the appellants. - - - - - Heard learned counsel for the appellants. Following the decision of the Hon'ble Apex Court delivered in the case of Deepal Girishbhai Soni & Ors. vs. United India Insurance Co. Ltd. reported in 2004(1) WLC (SC) Civil 598, which was followed by this Court in the case of Gekhali (Smt.) & Ors. vs. Ramswaroop & Anr. reported in MACD 2009(1) (Raj.) 83, this appeal is allowed even after upholding the view of the Tribunal that the claimant's income since is more than Rs.40,000/-, therefore, his claim petition under Section 163A is not maintainable but in view of 2 S.B. Civil Misc. Appeal No.783/2008 Smt. Santosh & Ors. vs. Gyan Prakash Kumawat & Anr. the fact that his entitlement of compensation can be adjudicated under Section 166 of the Motor Vehicles Act. In view of the above, this appeal is allowed, the claim petition filed by the claimants under Section 163A is treated to be a claim petition under Section 166. The Tribunal will give full opportunity to both the parties to lead evidence afresh because of the reason that the claimants in this situation will have to require to prove the rash and negligent act of the driver of the vehicle and entitlement of compensation. (PRAKASH TATIA), J. S.Phophaliya