Abhay Manohar Sapre, J. - (1.) This appeal is filed by the claimant under Section 173 of the Motor Vehicle Act (in short hereinafter called "the Act") against the award dated 07.05.10 passed by MACT Merta in Case No. 74/06.
(2.) By the impugned award, the tribunal dismissed the claim petition filed by the appellant under Section 163-A of the Act essentially on the ground that since the claimant's yearly income was more than INR 40 thousand and therefore, claim petition under Section 163 A ibid cannot be entertained on merits for determining any compensation payable to them for the death of one Sohanlal who died in vehicular accident.
(3.) Learned counsel for the appellant made only one submission. According to him, claimant I.e. (the appellant herein) should have been granted liberty to file a claim petition under Section 166 of the Act of the Motor Vehicle Act on the same cause of action on which they had filed a claim petition under Section 163-A out of which this appeal arise or a petition under any other law for the time being in force, as the case may be because the claim petition was not decided on merits.;