Mansoor Ahmad Mir, J.

This reference has been made by a learned Single Judge of this Court on noticing the conflicting judgments made by this Court. The matter was put up on administrative side before the Chief Justice and was ordered to be listed before the Division Bench. This is how the instant reference came up for consideration before this Court.

2. The learned Single Judge, vide order, dated 21st July, 2016, while recording the reasons as to why reference was required, has referred the following questions for adjudication by the larger Bench:

“(i) Whether the claim petition under Section 163A of the Motor Vehicles Act (for short the 'Act') was maintainable since according to the claimants themselves, income of the deceased was Rs. 6,000/- per month, i.e. Rs. 72,000/- per annum which is in excess of the upper limit of income i.e. Rs. 40,000/- provided under second schedule of the Act? and

(ii) Whether the claimants, after pleading an income more than what is prescribed in the second schedule, can abandon a part of their claim and restrict the same to Rs. 40,000/- per annum or less so as to bring inconformity with the schedule?”

3. Before we deal with the questions (supra)