United India Insurance Company Ltd. Vs Rajan H., R. Pramod Kumar, Attuvarambil Mudumbil, Sreekumar and Asoka Kumar @ Asokan

M.N. Krishnan, J.@mdashThis appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thiruvananthapuram in O.P.(MV) 627/02. The insurance company has filed the appeal against the award u/s 163A of the M.V. Act. The claimant was a rider of a bike and it collied with another bike resulting in injuries to the claimant. The Tribunal awarded a sum of Rs. 23,360/- and it is against that decision the present appeal is filed. Learned Counsel for the insurance company would contend that the income shown in the petition is Rs. 6,000/- per month and it has not been amended but the Tribunal has fixed it at Rs. 2,000/- and passed an award. In order to entitle a person to file an application u/s 163A of the M.V. Act the annual income alleged should be only Rs. 40,000/- or less. Here as the petition stands it is Rs. 72,000/- per annum. The Hon''ble Supreme Court in the decision reported in Deepal Girishbhai Soni v. United India Insurance Co. Ltd. 2004 (2) KLT 395) has held that a claimant cannot pursue his remedies Under Sections 163A and 166 simultaneously and it is made clear that Section 163A applies only to those whose annual income is upto Rs. 40,000/-. All other claims are to be required to be determined in terms of Chapter XII of the Act." It is true that decisions are there to the effect that Section 163A application can be amended to reduce the income. It is not seen anywhere from the award that such an amendment is done. When the petition stands as stated with a contention of Rs. 6,000/- as income which is not amended, certainly the Tribunal does not get jurisdiction u/s 163A to entertain such claim. Therefore a petition u/s 163A in this case will not lie. I am not going into other contentions and therefore the appeal is allowed and the claim petition is dismissed. If any amount is deposited by the insurance company let it be reimbursed to the insurance company on appropriate application.