Ajay Tewari, J. - (1.) THIS appeal filed against the award dated 22.8.2005 passed by the Motor Accident Claims Tribunal, Fast Track Court, Hoshiarpur, whereby amount of Rs. 2,42,000/ - with interest @ 9% per annum was awarded in the claim petition under Section 163 -A of the Motor Vehicle Act ('Act' for short) for the death of Vinod Pal Singh. On 15.12.2005, the following order was passed: - "Cites Deepal Girishbhai Soni and others v. United India Insurance Company Ltd., : 2004 A.C.J. 934, to contend that the petition under Section 163 -A of the Motor Vehicles Act, 1988, was not maintainable in view of the case of the claimants that the income of the deceased was Rs. 5,000/ - per month. Notice of motion for 20.4.2006. Meanwhile, operation of the impugned award shall remain stayed."
(2.) DESPITE service, none is here to oppose the appeal. There can be no manner of doubt that in case, where income is more than Rs. 40,000/ - per year, a petition under Section 163 -A of the Act is not maintainable. Resultantly, the appeal is allowed.;