JUDGMENT

All these three appeals arise out of one and the same order passed by the MACT, Belgaum and hence, they have been disposed of by this common order.

2. M.F.A. No. 8622 of 2003 is filed by M/s. United India Insurance Company Limited and the main ground urged in this appeal is that the claimants had filed petition under Section 166 of the Motor Vehicles Act, 1988, and later on got it converted into Section 163-A of the Act and the Tribunal though recorded a positive finding that the income of the deceased was Rs. 1,20,000/- per annum, it confined it to Rs. 40,000/- p.a. so as to bring the case within the ambit of Section 163-A. This procedure followed by the Tribunal is contrary to the law laid down by the Apex Court and therefore, the claim petition, insofar as M.V.C. No. 785 of 1999 is concerned, ought to have been dismissed by the Tribunal and the appeal filed by the Insurance Company be allowed on this ground alone. The further ground urged in this appeal by the Insurance Company is that the deceased was at fault and the accident took place on account of rash and negligent driving of the jeep by the driver concerned and as such, the Insurance Company canno