CM-10247 FAO-2076 IN THE HIG 102+210 Gyanwati an Anil Kumar CORAM: H Present: - NIDHI GUP CM-10247 17 read wit seeking per converting th under Sectio applicant/res said prayer judgment of another vs. 120930, whe 47-CII-2025 in/and 76-2010 (O&M) -1- E HIGH COURT OF PUNJAB AND HA CM- FAO Date o ati and others Versus umar and others M: HON'BLE MS. JUSTICE NIDH None for the applicant-appellan Mr. Sahej Mahajan, Advocate f Mr. RK Bashamboo, Advocate for respondent No. 3-Insurance GUPTA, J. (ORAL) 0247-CII-2025 By way of filing the present app ad with Section 151 CPC, the appl permission to amend the appea rting the claim petition filed under Sec Section 166 of the Motor Vehicles Ac At the very outset, learne ant/respondent No. 3-Insurance Comp r of the applicant-claimants and ent of this Court in Himachal Road er vs. Baldev Kumar Nayyer and o wherein in para Nos. 3 and 4, it is h “3. On the last date of hear had placed reliance on the judg Girish Bhai Soni and others ND HARYANA AT CHANDIGARH -10247-CII-2025 in/and FAO-2076-2010 (O&M) Date of Decision: 23.02.2026 .… Appellants .... Respondents NIDHI GUPTA pellants. te for ocate rance Company. ent application under Order VI Rule e applicant/appellant-claimants are appeal to the limited extent for er Section 163-A to a claim petition les Act, 1988 (for short-‘the Act’). earned counsel for the non- Company vehemently opposes the and refers to a Division Bench Road Transport Corporation and and others, Law Finder Doc Id # it is held as under:- hearing, counsel for the appellant judgment of Apex Court in Deepal thers v. United India Insurance ule are for ition the nch and Id # nt al ce RISHU KATARIA 2026.02.26 19:53 I attest to the accuracy and authenticity of this order/judgment. CM-10247 FAO-2076 that therefor Supreme Co the Act cann dismissed. FAO-2076 challenge to Motor Accid under Sectio the finding t annum. claimants de 47-CII-2025 in/and 76-2010 (O&M) -2- Company Ltd., 2004(2) RCR P.I.R. 271 (S.C.) to contend th claimants themselves that the in was more then Rs.40,000/- per justified in treating the petiti Section 163A of the Act and aw going into the question of n claimant-respondents had soug judgment. He has not been subsequent judgment of the Sup view. 4. In this view of the matt impugned award dated 6.11.20 Tribunal could not have trea Section 166 of the Act as petitio Act by restricting the income stands settled by the Apex Co (supra). Accordingly, we set asi 6.11.2003 and direct the Moto Panchkula to decide the petition Act in accordance with law.” Learned counsel for non-applic erefore, as per the above pronounce me Court and this Court, a claim pet t cannot be converted to a petition und In view of the above noted fac ssed. 2076-2010 The appellant-claimants have a nge to the impugned Award dated 24.0 Accident Claims Tribunal, Jind, whe Section 163-A of the Act was dismisse ding that the income of the deceased There is no representation o nts despite the case having been call CR (Civil) 466 : (2004-2) 137 d that in view of the claim of the he income of the deceased/injured per annum, the Tribunal was not etitions to be petitioners under d awarding compensation without of negligence. Counsel for the sought time to go through the said een able to refer to any other Supreme Court taking a contrary matter, we are satisfied that the 1.2003 cannot be sustained. The treated the petitions filed under etitions under Section 163A of the ome of Rs.40,000/-. This issue x Court in Deepal Girish’s case t aside the impugned award dated Motor Accident Claims Tribunal, tition filed under Section 166 f the applicant/respondent No. 3 submits ouncement of law by the Hon’ble im petition under Section 163-A of on under Section 166 of the Act. ted facts, the present application is have approached this Court laying d 24.08.2009, passed by the learned , whereby their claim petition filed ismissed being not maintainable, on eased was more than ₹40,000/- per tion on behalf of the appellant- en called twice. The present appeal 37 he ed ot er he id er ry he he er he ue se ed al, he mits ’ble of n is ying rned filed on per peal RISHU KATARIA 2026.02.26 19:53 I attest to the accuracy and authenticity of this order/judgment. CM-10247 FAO-2076 being of the disposed of i this cournt filed by the a Section 163 dismissed. 23.02.2026 rishu 47-CII-2025 in/and 76-2010 (O&M) -3- of the year 2010; and in view of the ed of in the absence of learned counse Keeping in view the afore-noted ournt dismissing the application bear y the appellant-claimants for conversi n 163-A to Section 166 of the A ssed. Pending application(s), if any, s 2026 Whether speaking/reasoned Whether Reportable of the clear legal position, is being ounsel for the appellants. noted order of even date passed by n bearing No. CM-10247-CII-2025 nversion of the claim petition under the Act, the main appeal is also any, shall also stand disposed of. ( NIDHI GUPTA ) JUDGE Yes/No Yes/No eing d by nder also RISHU KATARIA 2026.02.26 19:53 I attest to the accuracy and authenticity of this order/judgment.